Public Interest Litigation Flashcards
Where does PIL get its origin from?
Primarily traced to American jurisprudence where it is known as public law litigation. It was used by the American Scholar Abraham Chaves who described it as a practice by which public spirited individuals who thrive to bring change to society either by ameliorating existing rules or by ensuring proper implementation of laws. PIL can be filed not just for enforcement of law but also preventing abuse of power.
PIL origins in India?
Mumbai Kamagar Sabha v. Abdulbhai
PIL was initially sown by Justice Krishna Iyer in this case. He said that in a country like ours with the socio-economic condition that it has, public interest can be promoted by expanding the locus standi.
Fertilizer Corporation Kamgar Union V. Union of India
S.P Gupta v. Union of India
Three-tiered development of PIL in india
This was pointed out in State of Uttaranchal v. Balwant Singh Chaufal.
1st phase dealt with safeguarding fundamental rights of the deprived sections of society
2nd phase dealt with matters of environmental protection
3rd deals with ensuring transparency, accountability and probity in governance
Significance of PIL in India
- It expanded the role of courts and increased the responsibility of the courts
- It led to the emergence of the concept of “Access to justice”
- It works to curb abuse and misuse of power.
- Ensures social justice to marginalised communities who would otherwise be underrepresented
- Ensures enforcement of public duty
Regarding Adversarial usage of PIL
in Bandhua Mukti Morcha v. Union of India the court clarified that PIL is not in the nature of adversarial litigation. It allows the government to work for the welfare of the people and attain basic rights for the underprivileged.
Principles of filing a PIL
- Member of the public who approaches the court should be acting bona fide and not in the interest of personal or political reasons.
- Must approach the court with clean hands and disclose everything relevant.
- PIL cannot be filed till alternative remedies are availed.
Regarding exemplary costs in PIL
In Kalyaneshwari v. Union of India the court held that if the PIL is not bona fide and attempts to abuse the process of the court, and is a proxy litigation for the personal gain, exemplary costs must be imposed.
Regarding locus standi in PIL
- Traditional view of locus standi was limited to aggrieved persons
- ## Gradually, the court allowed access to justice through class actions, representative actions and public or social litigation
Bandhua Mukti Morcha
There is a need for placing limits on the relaxation of procedure. Whatever process is adopted, it must be recognized by judicial practices. In recent times, the concept of PIL has been turned into “Publicity Interest Litigation” where the petitioners keep wasting the precious judicial time just for the sake of cheap publicity.
Tehseen Poonawalla v. Union of India
Misuse of PIL is a serious concern as they deviate from cases that require the genuine attention of the court
Guidelines to be undertaken by the courts to prevent misuse of PIL
State of Uttarakhand v. Balwant Singh Chaufal
- Courts must encourage genuine PILs and discourage ones with extraneous motivations.
- Instead of each judge having their own procedure for dealing with PILs, each HC must devise rules for the procedure
- Courts should prima facie verify credentials of petition
- Courts should prima facie verify correctness of contents of petition
- Court should be satisfied that substantial public interest is present
- Court should ensure that those cases having larger public interest must be given priority.
- Court should ensure that cases are directed towards public benefit and not personal gain.
- Court should ensure that PILS filed by busybodies for ulterior motives should be discouraged by imposing exemplary costs.
