ABSTRACT
The law serves as a means, and justice is the ultimate destination. In India, Public Interest Litigation (PIL) plays a pivotal role in achieving the goal of justice, which was previously challenging to attain through traditional private litigation. PIL has significantly contributed to expanding access to justice by offering a platform for marginalized and disadvantaged sections of society, thereby ensuring the enforcement of collective and diffused rights. Furthermore, PIL fosters the active involvement of civil society in raising awareness about human rights and promoting participation in governmental decision-making processes. It also strengthens good governance by holding the government accountable for its actions and policies. The multifaceted benefits of PIL underscore its vital role in enhancing the justice system in India, making it a crucial tool for social equity and democratic progress.
Key Words: Public interest, Judiciary, FRs, India, DPs, Justice, PIL, Constitution.
INTRODUCTION
To ensure that the “golden key to unlock the doors of injustice”[1]did not remain solely in the hands of the wealthy, the Supreme Court of India pioneered the notion of Public Interest Litigation (PIL), opening up the courts to the general public.[2] The term ‘Public Interest Litigation’ refers to “litigations conducted for the benefit of the public or the removal of some public grievance.” In layman’s terms, public interest litigation means that any public-spirited citizen can move/approach the court for a public cause (or public interest or public welfare) by filing a petition in the Supreme Court under Article 32 of the Constitution, the High Court under Article 226 of the Constitution, or the Court of Magistrate under Section 152 of Bharatiya Nagarik Suraksha Sanhita, 2023.[3]
It was touchingly stated by Justice Bhagwati in the Asian Games case:[4]“Public Interest Litigation is essentially a cooperative or collaborative effort on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable sections of the community and to reach social justice to them.” The following was also noted: “Public interest litigation is a strategic arm of the legal aid movement which is intended to bring justice within the reach of the poor masses, who constitute the low visibility area of humanity.”[5]
Krishna Iyer J. sowed the seeds of public interest litigation in India in 1976 in Mumbai Kamagar Sabha v. Abdul Thai,[6] and it was initiated in Akhil Bharatiya SoshitKarmchari Sangh (Railway) v. Union of India,[7] in which an unregistered association of workers was allowed to file a writ petition under Art.32 of the Constitution for the redressal of common grievances.
The danger of counterfeit coins is always present. As a result, the Indian PIL experience reminds us that it is vital to ensure that PIL does not become a ruse to serve commercial interests, settle political grudges, or acquire easy attention. Another hidden danger is that the judiciary in a democracy should not utilise PIL to administer the country on a daily basis or to interfere with the rightful domains of the administration and legislature. The difficulty for the Indian government is to strike a balance between admitting real PIL cases and preventing frivolous ones.
[1] Peoples’ Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
[2] D.K. Bhatt, Judicial Activism through Public Interest Litigation: The Indian Experience, AIR 1998 Journal 120.
[3]Pritam Kumar Ghosh, Judicial Activism and Public Interest Litigation in India,
http://airwebworld.com/articles/index.php?article=1531.
[4] (1982) 3 SCC 235.
[5] Prof. (Dr.) D.C. Jain, The Phantom of “Public Interest”, (1986) 3 SCC (J) 31.
[6] AIR 1976 SC 1455: 1976 (3) SCC 832.
[7] AIR 1981 SC 298.