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PIL

 Day 14th

Summer Internship Program

Akanksha Tiwari

Amity University Gwalior Madhya Pradesh

VIP Author

Written Assignment

Date 29th july

Opinion on Public Interest Litigation (PIL)

PIL: From public interest to political interest litigation

The PILs have played a key role in strengthening the rule of law of the country and ensured that

everyone has access to justice. Anyone capable of doing so can file petitions on behalf of others

who are unable or do not have the resources to do so. But in recent times it has been observed

that certain PILs are filed just to fulfil political as well as personal vendetta.

It is a well known saying that the welfare of people is the welfare of god and the PIL which

stands for “PUBLIC INTEREST LITIGATION” was also conceptualized for the welfare of the

general public who were not in a position to represent themselves. The concept of PIL was

borrowed from the American jurisprudence where it was created to provide legal representation

to unrepresented groups. So PIL, or public interest litigation, can be broadly characterised as

litigation in the interest of that amorphous entity known as the general public. Who are not

capable of knocking the doors of the court for seeking justice, whatsoever the reason be. Before

the emergence of PILs, only the aggrieved party had the Locus standi and had to personally

knock on the doors of justice to seek redressal for their grievance, and no one else could do so

as a proxy for the victim or the aggrieved party and due to this, the rights guaranteed by the

Constitution of India were not benefiting a major chunk of the population because many were

not even aware of what their rights are so how can they bring claims for their infringements.

HISTORY OF PIL IN INDIA

Political and social situations changed a lot after the emergency, which was declared by the

then PM which followed lawlessness, custodial violence and many other forms of infringement

of even basic rights of the citizens and this started drawing the attention of lawyers, judges, and

various social activists and it is said that the seeds of PIL were sown by Justice Krishna Iyer in

1975 in the case of Mumbai Kamagar Sabha vs. Abdul Thai and Soon after, Justice Bhagwati’s

efforts made an impact and the concept of public interest litigation (PIL) which arose and grew

to a significant extent and for this reason, he is renowned and lauded for his contribution, further

in Fertilizer Corporation Kamgar Union v. Union of India, Krishna Iyer J. outlined the arguments

for liberalising the Locus Standi rule. The first PIL was filed( Hussainara Khatoon v. the State of

Bihar) by a news reporter based on the reports published in a newspaper and the report was

about the plight of undertrial prisoners in the state of Bihar and this PIL emerged as a landmark

judgement and The right to free, fair and speedy justice arose as a key fundamental right.

Subsequently in the case of S.P. Gupta vs. Union of India, Justice P.N. Bhagawati held that

“any member of the public or social action group acting bonafide” can invoke the Writ

Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32)


seeking redressal against violation of legal or constitutional rights of persons who due to social

or economic or any other disability cannot approach the Court. Justice Bhagwati went to great

lengths to ensure that the notion of PILs was well-defined. He didn’t care about procedural fine

points, and he even considered ordinary letters from public-spirited citizens as writ petitions.

The Daily Guardian

The Daily Guardian

LEGALLY SPEAKINGPIL: From public interest to political interest litigation

The PILs have played a key role in strengthening the rule of law of the country and ensured that

everyone has access to justice. Anyone capable of doing so can file petitions on behalf of others

who are unable or do not have the resources to do so. But in recent times it has been observed

that certain PILs are filed just to fulfil political as well as personal vendetta.


Published 1 year ago on June 25, 2021By Saket Sourav

It is a well known saying that the welfare of people is the welfare of god and the PIL which

stands for “PUBLIC INTEREST LITIGATION” was also conceptualized for the welfare of the

general public who were not in a position to represent themselves. The concept of PIL was

borrowed from the American jurisprudence where it was created to provide legal representation

to unrepresented groups. So PIL, or public interest litigation, can be broadly characterised as

litigation in the interest of that amorphous entity known as the general public. Who are not

capable of knocking the doors of the court for seeking justice, whatsoever the reason be. Before

the emergence of PILs, only the aggrieved party had the Locus standi and had to personally

knock on the doors of justice to seek redressal for their grievance, and no one else could do so

as a proxy for the victim or the aggrieved party and due to this, the rights guaranteed by the

Constitution of India were not benefiting a major chunk of the population because many were

not even aware of what their rights are so how can they bring claims for their infringements.

HISTORY OF PIL IN INDIA

Political and social situations changed a lot after the emergency, which was declared by the

then PM which followed lawlessness, custodial violence and many other forms of infringement

of even basic rights of the citizens and this started drawing the attention of lawyers, judges, and

various social activists and it is said that the seeds of PIL were sown by Justice Krishna Iyer in

1975 in the case of Mumbai Kamagar Sabha vs. Abdul Thai and Soon after, Justice Bhagwati’s

efforts made an impact and the concept of public interest litigation (PIL) which arose and grew

to a significant extent and for this reason, he is renowned and lauded for his contribution, further

in Fertilizer Corporation Kamgar Union v. Union of India, Krishna Iyer J. outlined the arguments

for liberalising the Locus Standi rule. The first PIL was filed( Hussainara Khatoon v. the State of

Bihar) by a news reporter based on the reports published in a newspaper and the report was

about the plight of undertrial prisoners in the state of Bihar and this PIL emerged as a landmark

judgement and The right to free, fair and speedy justice arose as a key fundamental right.

Subsequently in the case of S.P. Gupta vs. Union of India, Justice P.N. Bhagawati held that


“any member of the public or social action group acting bonafide” can invoke the Writ

Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32)

seeking redressal against violation of legal or constitutional rights of persons who due to social

or economic or any other disability cannot approach the Court. Justice Bhagwati went to great

lengths to ensure that the notion of PILs was well-defined. He didn’t care about procedural fine

points, and he even considered ordinary letters from public-spirited citizens as writ petitions.

Further In Indian Banks’ Association, Bombay & Ors. vs. M/s Devkala Consultancy Service and

Ors., the Supreme Court held that “in an appropriate case, where the petitioner may have

moved a court in her private interest and for the redressal of a personal grievance, the court in

furtherance of Public Interest may treat it as a necessity to enquire into the state of affairs of the

subject of litigation in the interstate context, the court may treat it a necessity to enquire into the

state of affairs of the subject of litigation in the interest of justice.”. In the Asiad Workers

judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage

can approach the Supreme Court directly without going through the labour commissioner and

lower courts. In PIL cases where the petitioner is not in a position to provide all the necessary

evidence, either because it is voluminous or because the parties are weak socially or

economically, courts have appointed commissions to collect information on facts and present it

before the bench. These cases are just an overview of how the supreme court tried to enhance

the accessibility of justice to everyone.

USE OF PIL IN PRESENT SCENARIO

No doubt the PILs had played a key role in strengthening the rule of law of the country and It

ensured that everyone has access to justice. Anyone capable of doing so can file petitions on

behalf of others who are unable or do not have the resources to do so. But in recent times it has

been observed that certain PILs are filed just to fulfil political as well as personal vendetta.

According to Supreme Court’s bench led by Justice NV Ramana and including Justices SK Kaul

and BR Gavai the bench observed that the essence of the PIL has been forgotten since lawyers

continue to file petitions on “what they feel is possible.” The bench also observed that “This is

not public interest litigation.”

The concept of PILs has been abused by a group of self-proclaimed activists-turned-lawyers,

who want to gain influence over the elected governments and also to the opposition just to fulfil

their vested interests. Let’s recall the remarks made by Justice Chandrachud on Prashant

Bhushan in the Loya case PIL, observed “It is a travesty of justice for the resources of the legal

system to be consumed by an avalanche of misdirected petitions purportedly filed in the public

interest which, upon due scrutiny, are found to promote a personal, business or political agenda.

The idea of PIL should not be disregarded just because for reason that it had been filed by a

person of any political, corporate or personal connectivity but if any PIL is found to be frivolous

in nature then the courts should slap hefty fines along with some sanctions which will act as a

deterrent in the future and if not done so the efforts of Justices V.R. Krishna Iyer and P.N.

Bhagwati, who are accredited for opening the door of justice for all, will surely go in vain.

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