November 2, 2023
court hammer books judgment law concept

The way that Public Interest Litigation (PIL) has evolved in recent years represents a significant shift from traditional judicial proceedings. The public’s impression-making of the Supreme Court is dominated by PIL nowadays; it is seen as a government body that not only safeguards the rights of its citizens but also goes so far as setting up legislation that the State must follow.

Public Interest Litigation: About

  • A Public Interest Litigation (PIL) is a legal action brought in a court of law to defend “public interests,” which include things like road safety, construction risks, pollution, and terrorism. A PIL can be filed in a court of law to address any issue that affects the interests of the public at large.
  • There is no definition of a public interest lawsuit in any act or statute. Judges have construed it to take the general public’s intent into account.
  • To the satisfaction of the court, the petitioner must, however, demonstrate that the petition is being submitted in the public interest and is not merely a pointless lawsuit brought by a busybody.

Public Interest Litigation: Who Can File and Where?

  • Public Interest Litigations are Writ Jurisdiction extensions that are often discussed by various RJS Coaching institutes for the judiciary. As a result, PILs may be filed under the virtue of Article 226 of the Constitution of India with any High Court or before the Honorable Supreme Court of India under the virtue of Article 32 of the Constitution of India.
  • Any person or organization can bring a Public Interest Litigation (PIL) on behalf of a marginalized or oppressed group in society that is unable to enforce its own rights, or on its own behalf, to defend or enforce a right owed to it by the government.
  • The principle of “Locus Standi” has been significantly extended in connection with PILs, allowing the Hon’ble Court to take into account grievances made on behalf of individuals who belong to disadvantageous, impoverished, illiterate, or disabled groups and have no access to the legal system as a whole.

Public Interest Litigation: The Paradigm Shift

A paradigm shift denotes a substantial change in the manner in which the court system as well as society deals with a wide range of cases. The paradigm shift in the field of PIL is as follows:

  • Advantage for the Disadvantaged: A modification to help the disadvantaged as well as the marginalized groups in society with robust access to the legal system of justice by making PIL an effective instrument for them.
  • Proactive Approach: The motive of the PIL has been altered from being reactive to being more proactive, focusing on stopping the damage to the judicial system before it initiates instead of solely looking for solutions after it’s already occurred.
  • Makes it Affordable for all: It provides every individual access to justice. Any individual as well as any organization who is capable can submit petitions for the benefit of the disadvantaged people who are unable to afford to reach the court.
  • Specialized Courts for Quicker Resolution: To guarantee knowledge and quick decisions, particular PIL case types, particularly environmental or civil rights courts, should be handled by specialist courts or tribunals.

Public Interest Litigation: Role of the Judiciary

Some of the landmark cases discussed by every RJS Coaching institute are as follows:

  • In the case of M.C Mehta v Union of India, in order to stop the polluting of the Ganga water from happening again, a PIL was filed. The Supreme Court ruled that the petitioner, who is concerned about preserving the lives of those who utilize Ganga water, even if he is not a riparian owner, is qualified to petition the court to enforce legislative provisions.
  • In the case of Parmanand Katara v Union of India, in a PIL brought by a human rights activist advocating for the general public interest, the Supreme Court ruled that it is the duty of every member of the medical profession to provide immediate medical attention to any injured citizen, without delaying any procedural formalities.

A vital tool in the legal toolbox is Public Interest Litigation (PIL), especially when it comes to defending the rights of those who are unable to fight the government directly. They are amongst the most used legal strategies, particularly when it comes to environmental issues. The courts have made attempts to streamline the PIL regulations in an attempt to promote the registration of PILs in the interest of the public as well as for the benefit of impoverished, disabled people. Nonetheless, according to various expert teachers from RJS Coaching institute, there have been a number of occasions where persons have attempted to use PILs as a cover for their own personal objectives. Therefore, in order to prevent PILs from being abused, courts must continue to exercise utmost caution.

Leave a Comment