Learn how PIL has been a powerful tool for the judiciary in India to safeguard the public interest, protect the rights of the marginalised, and promote social justice. Explore its evolution, challenges, and impact.

Overview

The legal system in India occupies a pivotal position in propagating the ideology of public interest litigation (PIL). This distinctive legal concept has momentarily impacted the realm of social justice and governance in the country. PIL provides an avenue for individuals to approach the judiciary on matters of public significance and holds immense potential in safeguarding the rights of the underprivileged factions of society. This article briefly explain the Role of the Judiciary in Promoting PIL in India.

This article aims to delve into the historical progression of PIL in India, the judiciary’s influence in the promotion of PIL, the interplay between PIL and the Indian Constitution, the nexus between PIL and social justice, and as the criticisms and impediments faced by PIL.

Historical Evolution of PIL in India

The concept of PIL in India can be traced back to the mid-20th century when the judiciary began to recognise the need to address issues of public importance beyond the traditional boundaries of individual rights. The evolution of PIL in India can be divided into three distinct phases.

The first phase began in the 1960s, when the Supreme Court of India took a liberal and expansive approach to interpret the concept of ‘locus standi,’ which traditionally required a petitioner to have a direct personal interest in the case. The Supreme Court, in its landmark decision in S.P. Gupta v. Union of India (1982), expanded the scope of locus standi and allowed ‘public interest’ to be a valid ground for initiating litigation. This decision paved the way for PIL to emerge as a potent tool for social activists and public-spirited citizens to seek judicial intervention in matters of public importance.

Landmark cases marked the second phase of PIL in India in the 1980s and 1990s, which dealt with issues such as environmental protection, human rights, corruption, and government accountability. These cases, such as MC Mehta v. Union of India (1986) and Vishaka v. State of Rajasthan (1997), highlighted the judiciary’s proactive role in addressing social injustices and shaping public policy through PIL.

The third and current phase of PIL in India is characterised by an even broader approach by the judiciary, allowing PIL to be used as a tool for social activism and governance. PIL has been instrumental in bringing about significant changes in areas such as education, health, women’s rights, and environmental protection and has become an essential means for citizens to hold the government and other public authorities accountable.

PIL and the Indian Constitution

PIL is closely linked to the principles enshrined in the Indian Constitution, which provides a framework for protecting the fundamental rights of citizens and promoting social justice. Article 32 of the Constitution grants the right to move the Supreme Court to enforce fundamental rights. At the same time, Article 226 empowers the High Courts to issue writs to enforce fundamental rights and any other purpose.

The judiciary has used these constitutional provisions to promote PIL to safeguard the public interest and protect the rights of marginalised sections of society. The Constitution of India recognises the importance of social justice and the state’s responsibility to ensure all citizens’ welfare. PIL has been used to hold the government accountable for its actions and omissions in fulfilling its constitutional obligations.

The judiciary has also progressively interpreted the fundamental rights to encompass the right to a clean environment, health, education, and other socio-economic rights. This has enabled citizens to approach the courts through PIL to seek redressal of violations of these rights, leading to significant improvements in policy formulation and implementation.

PIL and Social Justice

Social justice is a fundamental principle of the Indian Constitution. PIL has been instrumental in promoting social justice by addressing issues of public importance and protecting the rights of marginalised sections of society. PIL has been used to highlight and address social evils such as bonded labour, child labour, gender discrimination, and caste-based discrimination.

PIL has been particularly effective in addressing environmental issues, which directly impact the livelihoods and well-being of vulnerable communities. PIL cases have led to the protection of ecologically sensitive areas, regulation of hazardous industries, and conservation of natural resources, promoting environmental justice and ensuring sustainable development.

PIL has also been used to promote access to education, healthcare, and other essential services. PIL cases have led to improvements in the infrastructure of schools and hospitals, increased availability of essential medicines, and access to safe drinking water in marginalised areas. PIL has played a crucial role in promoting inclusivity and ensuring that development benefits reach all sections of society, especially the underprivileged.

Furthermore, PIL has been used to promote gender justice by addressing issues such as domestic violence, sexual harassment, and discrimination against women. PIL has led to the formulation of guidelines and measures to protect the rights of women, including setting up of special courts, implementation of gender-sensitive policies, and promotion of gender equality in various spheres of life.

Criticisms and Challenges of PIL

Despite its significant contributions to social justice, PIL has faced criticisms and challenges in India. Some of the criticisms and challenges of PIL include:

1. Judicial Activism vs. Judicial Overreach: PIL has sometimes been criticised for judicial overreach. The judiciary has been seen as overstepping its boundaries and encroaching upon the executive and legislative domains. Critics argue that PIL cases sometimes involve policy formulation and implementation issues that should be left to the people’s elected representatives. There have been debates about the balance between judicial activism and judicial restraint in PIL cases, with concerns about the potential for judicial overreach.
2. Lack of Infrastructure and Resources: PIL cases often require specialised knowledge and technical expertise, but the judiciary in India needs more infrastructure and resources. This can sometimes result in delays and inadequate scrutiny of PIL cases, leading to concerns about the quality of judicial decisions in PIL matters.
3. Misuse and Frivolous PILs: There have been instances of PILs being misused for personal gains or for settling personal scores, leading to frivolous PILs that clog the court system and dilute the significance of genuine PILs. Some critics argue that PIL has become a tool for vested interests to achieve their objectives and that there is a need for stricter scrutiny of PIL petitions to prevent misuse.
4. Lack of Clarity in Procedure and Standards: PIL cases in India often lack clear procedural guidelines and standards, leading to inconsistencies in the approach of different courts and judges. To ensure consistency and transparency in the judicial process, there is a need for greater clarity in the procedure and standards to be followed in PIL cases.
5. Limited Scope for Public Participation: Although PIL aims to promote the public interest, there are limitations regarding public participation in the process. Public-spirited individuals or organisations often initiate PIL cases, and there is limited scope for direct participation of affected communities and citizens. This can sometimes result in decisions that must fully consider the perspectives and voices of those directly affected by the issues.
6. Implementation Challenges: While PIL may result in favorable court judgments, implementing these judgments can sometimes be challenging. The lack of coordination and cooperation between different government agencies and issues related to enforcement and compliance can hinder the effective implementation of PIL decisions.

Conclusion

Despite the critiques and difficulties, the Indian judiciary has played a critical role in promoting PIL to protect the rights of underprivileged groups of society and the public interest. Significant strides have been made in advancing social justice and addressing issues of public interest due to the historical development of PIL in India and the judiciary’s proactive engagement in these endeavours.

Role of the Judiciary in prompting PIL in India. PIL has helped tackle a number of concerns, including gender justice, access to healthcare and education, environmental protection, and protection of fundamental rights. It has improved policy development, execution, and government accountability and ensured that development benefits reach all facets of society, particularly the impoverished.

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Helpful Links

• What is Public Interest Litigation(PIL)
• Example of PIL
• Scope of Public Interest Litigation