Public Interest Litigation

Notes

Public Interest Litigation (PIL) allows any public-spirited person or organisation to approach the courts for the enforcement of the rights of persons who cannot do so themselves because of poverty, ignorance or disability. It evolved in the late 1970s and 1980s through the efforts of Justices P.N. Bhagwati and V.R. Krishna Iyer, and is based on the relaxation of locus standi. It is not mentioned in the Constitution or in any statute; it is brought under Art. 32 (Supreme Court) and Art. 226 (High Courts).

Milestones

Hussainara Khatoon v State of Bihar (1979): considered the first PIL; undertrial prisoners in Bihar were released after the Court took up a newspaper report.
S.P. Gupta v Union of India (1981): any member of the public acting in good faith can seek relief for a public injury.
Bandhua Mukti Morcha (1984), Olga Tellis (1985), M.C. Mehta (1986 onwards), Vishaka (1997), Vineet Narain (1997).

Features

Relaxed locus standi and epistolary jurisdiction (a letter or postcard is treated as a petition).
Non-adversarial and informal; the Court may appoint commissions, call for reports and give directions.
Continuing mandamus: Court monitors implementation.
No court fee requirement; the aim is access to justice.

Areas covered: bonded labour, custodial violence, environmental protection, rights of prisoners, women and children, corruption, consumer and tribal rights.

Merits: access to justice, accountability of government, protection of the marginalised, expansion of rights.

Concerns and safeguards

Abuse: "publicity interest litigation", "political interest litigation", and private interest litigation in disguise; heavy docket burden.
State of Uttaranchal v Balwant Singh Chaufal (2010): guidelines to prevent abuse; the Court must verify the petitioner's credentials and the correctness of the information, and may impose costs on frivolous petitions.
Janata Dal v H.S. Chowdhary (1992) cautioned against misuse.

Key Points

PIL: relaxed locus standi; Art. 32 and 226.
Hussainara Khatoon (1979) is the first PIL; Bhagwati and Krishna Iyer are the pioneers.
S.P. Gupta (1981) expanded standing.
Epistolary jurisdiction; continuing mandamus.
Guidelines against misuse: Balwant Singh Chaufal (2010).

MCQs

Q1. The first reported PIL case in India was: (a) Hussainara Khatoon v State of Bihar (b) Kesavananda Bharati (c) Maneka Gandhi (d) Olga Tellis Ans: (a). 1979.

Q2. PIL can be filed under: (a) Art. 32 only (b) Art. 226 only (c) Art. 32 and Art. 226 (d) Art. 136 only Ans: (c).

Q3. The concept of "epistolary jurisdiction" means: (a) Treating letters as petitions (b) Appellate jurisdiction (c) Court of record (d) Advisory jurisdiction Ans: (a).