C-I-V-I-L-S-C-O-D-E

GS2 - public interest litigation

PUBLIC INTEREST LITIGATION

Overview

Public Interest Litigation (PIL) is a significant legal development in India, serving as a tool to address social justice, human rights, and environmental issues. It provides access to justice for marginalized and underprivileged sections of society who may lack the resources or knowledge to seek redress through conventional legal means.

Features of PIL

Feature

Definition

Significance

Relaxed Locus Standi

Allows any individual or organization to approach the court on behalf of affected persons.

Broadens access to justice by relaxing the traditional rule of locus standi.

Procedural Flexibility

Courts accept letters or informal petitions highlighting issues of public importance.

Simplifies legal processes, making it easier for citizens to seek judicial intervention.

Judicial Activism

Courts take a proactive role in addressing social issues and enforcing constitutional rights.

Enhances the judiciary's role in promoting social justice.

Remedial Measures

Courts issue guidelines, directions, or orders to remedy situations or prevent future rights violations.

Ensures practical enforcement of judicial decisions.

Focus on Social Justice

Primarily addresses issues related to social justice, human rights, environmental protection, and the welfare of marginalized groups.

Directly benefits vulnerable sections of society.

Scope of PIL

Scope

Role

Example

Protection of Fundamental Rights

Enforces constitutional rights, especially for those lacking means to access the justice system.

Right to life, equality, and freedom of speech.

Environmental Issues

Addresses pollution, deforestation, and wildlife conservation.

M.C. Mehta v. Union of India (1986), leading to stringent environmental regulations.

Social Justice

Tackles issues like child labour, bonded labour, prison reforms, and the rights of disadvantaged groups.

Hussainara Khatoon v. State of Bihar (1979), focusing on the rights of undertrial prisoners.

Government Accountability

Ensures government transparency and addresses corruption and abuse of power.

PILs leading to investigations and reforms in public administration.

Judicial Intervention

Courts proactively address matters of public importance, often directing government action.

Vishaka v. State of Rajasthan (1997), resulting in guidelines to prevent workplace sexual harassment.

Principles of PIL

Principle

Concept

Importance

Locus Standi

Relaxation of the traditional requirement, allowing public-spirited individuals to file cases.

Enables representation of those unable to approach the court themselves.

Pro Bono Publico

Actions taken in the public interest.

Focuses on broad societal concerns rather than individual grievances.

Judicial Activism

Courts actively enforce constitutional rights and address public grievances.

Enhances the judiciary's role in societal reform.

Access to Justice

Reduces procedural barriers, offering simplified legal processes.

Facilitates justice for individuals and groups who might struggle with traditional legal systems.

Epistolary Jurisdiction

Initiation of PILs through letters or informal communications.

Expands access to judicial intervention.

Exemptions and Limitations of PIL

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