Case Laws

[Project Work]
On

Public Interest Litigation: Boon Or Bane?

SUBMITTED FOR THE PROJECT WORK UNDERTAKEN IN THE
PARTIAL FULFILLMENT OF B.A. LL.B. (HONS.) 5 YEARS
INTEGRATED COURSE OF DR. RAM MANOHAR LOHIYA NLU,
LUCKNOW

Under the Guidance of: Submitted By:

Dr. Abdullah Nasir Sachin Bhatnagar

Professor, Basics of Legislation Roll No. 180101115, Section-B

DR. RMLNLU, LUCKNOW B.A.LLB. (Hons.), IST Semester

1
ACKNOWLEDGEMENT

I want to express uncommon much obliged and appreciation to my educator Dr.

Abdullah Nasir who gave me the brilliant chance to finalize this glorious
research subject i.e. ‘Public Interest Litigation, Is it a Bane or a Boon?’ which
helped me pick up a major of viewpoint about the demerits of this very
efficient tool of justice. All through the exploration period, I have been guided
by my educator at whatever point I confronted any obstacles or was in a state of
daze not having the capacity to resolve the intricacies of the subject.

I want to thank my University, Dr. Ram Manohar Lohia National Law

University, Lucknow, for giving me the opportunity to be a part of a novel
exploration turned educational program which without a doubt helps the
comprehension of the subject.

I likewise want to thank my guardians, guides and well-wishers who have been
a consistent underpin and have sufficient energy and again looked into my work
and have give their experiences on the matter.

2
Table of Contents

Introduction..................................................................................................4, 5

Public Interest Litigation: Boon or Bane?.....................................................5,6

Abuse of Public Interest Litigation................................................................6-10

Public Interest Litigation: Used or Misused?................................................10-13

Preventing Misuse of Public Interest Litigation............................................13-15

Conclusion.....................................................................................................15-18

Bibliography...................................................................................................19

3
Cases

Chhattisgarhi Samaj Party vs State Of Chhattisgarh ......................................... 14

Janta Dal vs. H.S. Chaudhary AIR 1993 SC 892 ................................................ 6
Malik Brothers Vs. Narendra Dadhich and Others (1999) 6 S.C.C. 552. ......... 15
Mcc v. Mullan ..................................................................................................... 11
Raunaq International Ltd. Vs. I.V.R. Construction Ltd 1998 Supp(3) SCR 42115
Statutes

Article 142........................................................................................................... 10
Article 21 of the Indian Constitution .................................................................. 11
Article 226 of the Constituion............................................................................... 6
Article 32 of the Constitution ............................................................................... 6

4
Introduction
Public Interest Litigation (PIL) means a ‘legal action initiated in a court of law for the
enforcement of public interest in which the public or a class of community have pecuniary
interest or some interest by which their legal rights or liabilities are affected.’

PIL is the innovation of Justice N. Krishnaswamy Reddiar, former judge of Madras High
Court, in the 1970s. Later, it was legitimatized and given legal sanction by Chief Justice of
India P.N. Bhagwati (July 12, 1985- Dec. 20, 1986.)

The concept of Public Interest Litigation is a noble concept which makes justice quickly and
readily available to the masses in case their life, liberty or security is being threatened. Justice
Bhagwati made a provision that any complaint affecting the general public could be written
on a postcard and submitted to any of the high courts in the country or the apex court,
depending on the urgency with which it could be taken. The courts would then set aside their
normal work and take up hearing of that particular PIL on a priority basis and dispose it off
immediately. However, PILs multiplied in the various High Courts and the Supreme Court
ventilating grievances, real or imaginary, pushing the courts arrears even further. Today, the
various High Courts and the Supreme Court are equally burdened with normal litigation as
well as public interest litigation with no end in right.1

A retired Supreme Court Justice V Krishna Iyer has confined a term court strophe to describe
the dangerous malaise that has crept into the Indian Legal system. It denotes the misuse of the
PIL against the poor and the under-privileged sections of society. PIL filed by the rich and
the influential are being speedily taken up and dispose of by the judiciary. Its total regard and
bias against the vulnerable sections of the society symbolized by the weaker sex, slum-
dwellers, dalits, bonded and landless labours has come to the fore with the petitions being
relegated to the background. Though anyone can file a PIL but it is ultimately judiciary to see
that the PIL remains as empowering tool in the hands of the needy.

In three decades, the PIL, it is widely felt, has become an instrument the rich use to further
deprive the poor as, says the Indian People's Human Rights Commission (IPHRC) seen in the
court ordered slum demolition in Sanjay Gandhi National Park in Borivil, Mumbai. The
Maharashtra Government, who has taken a stand against demolitions, can do little against the
court's intractable view that demolitions are not to be linked with rehabilitation.
1
<www.indiankanoon.org/doc/441971/> ( accessed on 2018-10-18)

5
In 1993, in his ruling in Janta Dal vs. H.S. Chaudhary AIR 1993 SC 892.2 , former Supreme
Court Judge Patnavel Pandian has clearly defined PIL in the following words: "only a person
acting bona fide and with sufficient interest in the proceedings of the PIL will have a locus
standi and can approach the court to wipe the tears of the poor and needy, who are suffering
from violation of their fundamental rights-but not a person for personal gain, private profit,
political motive or any oblique consideration. A vexatious petition under the colour of the
PIL brought before the court deserves rejection at the threshold."3

PIL was and is still noble concept, making justice quickly and readily available to the masses
in case their life, livery or security is being threatened. Although anyone can file PIL. But it is
the judiciary that decides the outcome so the onus is on it to ensure the protective role of the
PIL, says Justice N. Krishnaswamy Reddiar, former Judge of the Madras High Court.4

Public Interest Litigation: Bane or Boon?

Public Interest Litigation (PIL) was a revolutionary innovation which attempted to take up a
broad issue and ensure implementation of social and economic rescue programs, framed for
the benefit of the poor and the handicapped. The judicial scenario in India changed during the
1980s when the Supreme Court introduced the concept of PIL which allowed anybody with
sufficient public interest to approach the court and request to enforce any public right or
welfare scheme. It also compelled the government and its authorities to perform their task.
Provided the person is acting bona fide and not for personal gain, he/she can file litigation by
filing a petition in the Supreme Court, under Article 32 of the Constitution or in the High
Court under Article 226 of the Constituion.

It is the most inexpensive legal remedy because of the nominal fixed court fee and is framed
for the benefit of the poor and the handicapped, and to protect their basic human rights.

But, in actual practice there is a twist in the role played by PIL in India. There has been
criticism regarding the overacting and overstepping in the name of PIL; it has been noticed

2
Janta Dal vs. H.S. Chaudhary AIR 1993 SC 892.

3
< http://www.legalserviceindia.com/article/l469-Public-Interest-Litigation.html> (accessed on 2018-10-14)

4
<http://www.publishyourarticles.net/knowledge-hub/essay/an-essay-on-the-uses-and-misuses-of-pil-public-
interest-litigation.html> (accessed on 2018-10-10)

6
that the process is being misused by political opponents and publicity hunters. Millions of
regular cases are pending in courts for years and decades and corruption is prevalent in the
courts as well.

From the PIL’s hyped beginning as “the saviour of the poor and exploited”, it has moved in a
completely different direction. Today, slum demolition is being directed on orders from the
courts. A similar trend was reflected in the case of shifting heavy industries out of Delhi
where the court heard public interest litigant MC Mehta, the owner of the factory and denied
the opportunity to be heard to the workers whose right to life and livelihood was going to be
affected by the decision.

PILs have various limitations which include petitioners having no legal right to compel the
government to appoint a commission of enquiry. CBI enquiries are not possible and only
legal litigation subjected to personal grievances is allowed.

Today, in an era of coalition politics with an unstable Centre, and the eroded credibility of the
legislature and the executive, the judiciary has taken centre stage. But it is time to put the
genie back into its bottle and confine public interest jurisdiction to its original purpose of
being the sole representatives of the poor and the exploited. For this purpose, a set of
guidelines must be set to sustain juridical equity and transparency and also to make
accountability obligatory for the judges.

As it is said, that do not condemn the orchard due to some rotten apples, similarly all in all,
there is a good lot who do command the country’s confidence.5

Abuse of Public Interest Litigation

In Indian law, public-interest litigation (PIL or जजजजज जजजजजज) is litigation for the
protection of the public interest. PIL may be introduced in a court of law by the court itself
(suo moto), rather than the aggrieved party or another third party. For the exercise of the
court's jurisdiction, it is unnecessary for the victim of the violation of his or her rights to
personally approach the court. In PIL, the right to file suit is given to a member of the public
by the courts through judicial activism. The member of the public may be a non-
governmental organization (NGO), an institution or an individual. The Supreme Court of

5
<http://www.youthkiawaaz.com/2012/06/public-litigation-system-bane-or-boon/> (accessed on 2018-10-14)

7
India, rejecting the criticism of judicial activism, has stated that the judiciary has stepped in
to give direction due to executive inaction; laws enacted by Parliament and the state
legislatures for the poor since independence have not been properly implemented. Law is the
social auditor and this audit function can be put into action only when someone with real
public interest ignites the jurisdiction.”
Public interest litigation is a highly effective weapon in the armoury of law for reaching
social justice to the common man . It is a unique phenomenon in the Indian Constitutional
Jurisprudence that has no parallel in the world and has acquired a big significance in the
modern legal concerns. This technique is concerned with the protection of the interest of a
class or group of persons who are either the victims of governmental lawlessness, or social
oppression or denied their constitutional or legal rights and who are not in a position to
approach the court for the redressal of their grievances due to lack of resources or ignorance
or their disadvantaged social and economic position.
However with the passage of time, petitions have been filed which attempted to appropriate
PIL for corporate gain, political advantage or personal interest. It is an undemocratic,
unrealistic and dangerous tendency which is to be impeded by our judicial attitude. Former
Chief Justice A.S. Anand cautioned the over use of PIL and emphasized “Care has to be taken
to see that PIL essentially remains public interest litigation and is not allowed to degenerate
into becoming political interest litigation or private inquisitiveness litigation”. It has been
held in a number of cases that the court must not allow its process to be abused by politicians
and others to delay legitimate political objectives. Words of Krishna Iyer J reveal the change
of public interest litigation after following its history for over two decades:
Abuse of PIL, misuse of this strategy, hijacking of this versatile process by enemies of the
poor and even trivialization of public interest litigation bringing it into contempt are now on
the cards, gambling with the court’s mood and using this factotum facility as intimidatory
tool. These trends justify a critical study of PIL as a panacea or placebo, as a magic drug or
a free formal curial ploy.
In public interest litigations, misuse comes in various forms. Publicity, private interest,
political rivalry, or other oblique motives can be a motive for its misuse. The tragedy is that it
retards the flow of justice delivery system. A spirit of moderation is needed but a consistent
jurisprudence is not at all easily possible to evolve for retarding abuse. In PIL cases, the most
crucial question for the court is to measure the seriousness of the petitioner, and to see
whether he is actually the champion of the cause of the persons or groups he is representing.
The effect of public interest litigation should go beyond the sphere of the parties present in

8
the proceedings, and it is to be noted that public interest litigation must be accompanied by
adequate judicial control so as to prevent this technique from being used as an instrument of
coercion, blackmail or for other oblique motive. A vexatious litigation under the colour of
public interest litigation brought before the court for vindicating any personal grievances,
deserves rejection at the threshold. It is necessary to take note of the fact that a writ petitioner
who comes to the Court for relief in public interest must come not only with clean hands like
any other write petitioner but also with clean heart, clean mind and clean objective. While
tracing its growing abuse, Law commission of India recommended a ‘Code of conduct’ for
the regulation of PIL cases in India. Twice, once in 1993 and later in 1996 PIL bills were
introduced for regulating Court’s Jurisdiction Bill had particularly strong provisions in the
question of Locus Standi. Our Supreme Court also issued guidelines for regulating PILs.
In a series of judgments justice Arjith Pasayat has reiterated the principles that PIL were not
meant to advance political gain and political scores under the guise of PIL. In Ashok Kumar v
State of WB(2004) 3 SCC 3496. Court laid down certain conditions on which the court has to
satisfy itself while entertaining PILs
The Court has to be satisfied about
a) The credentials of the applicant
b) The prima facie correctness or nature of the information given by him.
The information being not vague and in definite; the information should show gravity and
seriousness involved. Court has to strike a balance between two conflicting interest:
i) Nobody should be allowed to indulge in wild and reckless allegations besmirching the
character of the others;
ii) Avoidance of public mischief and to avoid mischievous petition seeking to assail, for
oblique motives, justifiable executive actions. In such case, however, the court cannot afford
to be liberal. Although Supreme Court issued guidelines on entertaining letter petitions as
PILs, and not reluctant in imposing penalty on vexatious litigants, abuses on PIL Jurisdiction
is on a rise. . Now a time has come to make a sound rule on regulating abuses on PIL.
Former Attorney General Soli Sorabji opinions 3 basic rules for regulating abuse of PIL
(a) Reject dubious PIL at the threshold and in appropriate case with exemplary costs.
(b) In cases where important project or socio economic regulations are challenged after gross
delay, such petitions should be thrown out the very threshold on the ground of latches. Just

6
Ashok Kumar v State of WB (2004) 3 SCC 349.

9
because a petition is termed as PIL does not mean that ordinary principles applicable to
litigation will not apply.
(c) PIL petitioners should be in strict terms such as providing indemnity or giving an
adequate undertaking to the court to make good the damage, if PIL is ultimately dismissed.
If the courts do not restrict the free flow of cases in the fake of PILs, traditional litigation will
suffer a lot, and that would be a threat to Indian democracy and to the entire judicial process.
From Media and lawyers, proper assistance for impeding abuse is needed. Media covers
celebrated judgements various aspects, public interest and its expanded scope. Media plays a
significant role in the formation of public opinion, so while highlighting celebrated scans and
sting operations, violence against children & women, media should not forget to highlight the
cases of abuse on PIL, deterrent punishment given to the litigants by court. Media should
analyse the impact of abuse of PIL on judicial process. Through workshops, seminars through
visual media, it can give awareness to the people. It can impede the tendency to abuse PILs
through its programmes. As judge Louis Brandeis said - “Sunlight is said to be the best of
disinfectant; electro light the most efficient police man”. The media is to provide the sunlight
and focus the electric light in the area of public concern. In large of PILs petitioner through
his counsel are trying to abuse the process of the court Lawyers should discourage the
tendency to abuse the process of the court by vexatious, dishonest litigants by not defending
their cause. An internal discipline and an awareness of being the part of considerable public
service may help them to discourage fraudulent tendencies of abuses.
Above all, the great strength of the judiciary must be utilized for public good and always in
public interest in the service of the people. In order to curb frivolous litigation by proper
check at entry and quick disposal is the main remedy. Remember, delay breeds frivolous
PILs. Exercise of power of SC under Art 32, itself a fundamental right, with the aid of
plenary power of the Supreme Court under Article 142 to make such order as is necessary to
do complete justice in the cause can make the fulfilment of the promise of preamble more
real. Social justice is not an accomplished rule of law or life in India. The ultimate guardian
of the constitution and of the imperative of independence is the militant consciousness and
vigilant alertness of the people of the land. From a broad, perspective one may still asset that
the achievements up to now are only the early steps towards the redemption of social justice
with destiny. For effective promotion of social justice, public interest litigations in its original

10
sense only can assist courts. Through a PIL free from abuse, battles for social justice can
succeed.7
It would be appropriate to remember the words of Lord Bridge in Mcc v. Mullan8
“If one judge in a thousand acts dishonestly within his Jurisdiction to the detriment of a party
before him it is less harmful to the health of the society to leave that party without a remedy
than that nine hundred and ninety nine judges should be harassed by vexatious litigations
alleging malice in the exercise of their proper jurisdiction”9

Public interest litigation: Used or misused

The concept of public interest litigation was originated in India and USA as litigation for the
protection of public interest, and group rights in the United States. Litigation for Group
Rights is rare in Sri Lanka, though in abundance in India, USA and the UK.

There is no longer the fashion in India seeking remedies by “Public” when the public interest
is at stake. Norris case on homosexuality in the UK and emergency rule in India promoted
the development of this concept and the strategy to help poor, needy downtrodden suppressed
by Power. Article 21 of the Indian Constitution speaks of the right to life, environment
without pollution, water as a right and implemented under article 32. The concept in India is
honourably and carefully implemented..

Martin Luther King once said “injustice anywhere is a threat to Justice everywhere. How
does one seek justice?’ It should be through courts established according to law and
according to “Due process and Rule of Law” in a legal system accessible to everybody in the
delivery of Justice and administration of Justice. The citizen will take the law into his own
hands when the confidence on the judicial system is lost. Then the Law of the jungle and the
survival of the fittest will come into force again. The breakdown of the law today though in

7
Durga Das Basu, ‘Commentary on the Constitution of India', vol-II (8th Ed., 2008, Lexis Nexis, Butterworth
Wadhwa)

8
Mcc v. Mullan [1985] AC 528.

9
< http://www.krishnastudyacademy.com/legal-essays/151-abuse-of-public-interest-litigation> (accessed on
2018-10-14)

11
isolated incidents is worrying and the situation needs immediate attention to gain dependence
on the system of justice and judicial process.

Justice delayed

“Justice Delayed is Justice denied.” If the citizen is to wait for decades for the resolution of
the dispute in a system of justice where the judges are well paid and looked after and
protected within the iron wall of contempt of court which is still unregulated where the
judiciary has been given unlimited powers there is something wrong somewhere. Efforts to
combat underworld should be assisted and encouraged, yet the bad eggs in the service should
be identified and severely dealt with. Do not blame an individual or an institution. It is a
collective responsibility to all parties concerned to come out of the danger which is imminent.
It is time that judiciary should take measures to train judges and change the recruitment
process as the situation is far from satisfactory.

Litigation of the protection of public interest such as pollution, terror, road safety and
construction hazards come within the preview of this concept aimed at common well-being
and general welfare. Public Interest Litigation and Legal aid is interconnected. This is a
process where another party or a group takes over the litigation on behalf of an aggrieved
party.

In the 1980s, only the aggrieved parties could knock at the door of justice.

Expanding the ‘Locus Standi’ ability to a third party who has an interest to litigate opened the
floodgates which has led to misuse this great concept has virtually brought Indian PIL system
initiate by eminent personalities such as Justice Bhagwati to a grinding halt today.

Legal aid is not a favour. It is a ‘Human Right’ without which the citizen tends to lose faith in
the system due to the complexity, delay and cost of litigation which is common to all
jurisdictions worldwide. United Kingdom spends two billion Euros for community legal aid
via Legal Aid Board and 29% population directly benefited from the process where a citizen
has access even to the best QC in the country through the legal aid system.

Verge of collapse

12
Unfortunately the Legal Aid Foundation managed by the Bar Association is in the verge of
collapse and we are informed that the main part of the premises is given to an NGO to run an
IT technology class for the public . The Bar Association should use maximum efforts in the
area of delivery of justice through the Legal Aid foundation once a leading and powerful
body which is ailing today. We must work hard to regain the confidence on the system of
justice in order to maintain a proper balance in due process and rule of law.

Unlimited powers

Currently Public Interest Litigation in India is implemented via Article 14 of the Constitution
which defines fundamental rights Supreme Court has enormous and unlimited powers which
even the Executive or the citizen has no power to control or criticize freely. Judicial activism
is the innovativeness and creativity of the court in expanding the mandate entrusted by the
citizen via Parliament in matters considered to be of public interest.

Is it fair and lest legal to the fate of an elected government to lie in the hands of judges.
Expanding the Fundamental Right Doctrine and use it as a “Panacea” has been a dangerous
trend when the jurisdiction is exercised by the highest court in which the decision supposed
to be final and subject to correction only in very special circumstances with greatest
difficulties and the cost and power of leading and expensive lawyers.

It is conciliatory that the Judiciary today is headed and managed by a balanced and kind
Chief Justice. But what if the situation changes! The Judiciary is supposed to be completely
impartial and independent. They should not dabble in politics, take the cover of religion and
act with ulterior and future political ambitions.

The duty of the Judiciary is to interpret the statue in the name of the sovereign state. Judicial
review is the “Doctrine” on democratic theory under which the Legislative and Executive
actions are subject to invalidation by the judiciary, and the process was implemented
beautifully in the UK, India Commonwealth Jurisdictions and in Sri Lanka as well.

Judges in the United Kingdom Judiciary is extremely careful not to have confrontations with
the Executive during the process of judicial review, despite enormous powers vested in the
Judiciary under the unwritten Constitution, which has not been the case here in the past with
the strained relationship with the Executive.

13
Has the un-elected Judiciary branch, the legitimate grounds to overrule policy choices of duly
elected representatives as the duty of the court is to uphold existing statutes and interpretation
is concerned with the intrusion of the Judiciary on administrative matters of employment
formulating of formulas and how and what times the security forces should conduct as the
judiciary is not a body to establish social reforms and direct the Executive. The
pronouncements of political nature by the members of the highest Judiciary too have to be
restrained as the public or the Executive has no remedy to counter the pronouncements on the
Bench.

Turning back to the series of cases on public interest litigation indicates that it was used to
promote rich and powerful NGO fat cats to show their masters abroad of their activism with
only a fraction of enormous funds received in billions of pounds..

It is a matter that the civil society should agitate to change the fundamental rights jurisdiction
to Court of Appeal thereby there will be an appeal to the Supreme Court and the Supreme
Court Could supervise the proper implementation, which of course needs constitutional
changes.10

In the very recent case of Chhattisgarhi Samaj Party vs State Of Chhattisgarh11nench

consisting of Justice A.K. Sikri and Bhushan said that “Time has come when the court should
revisit the concept of PIL. How can one file PIL two years after the incident? It is an utter
abuse of PIL for political mileage.”

Preventing Misuse of Public Interest Litigation

The Centre has decided not to take measures for prevention of misuse of Public Interest
Litigation (PIL) at the moment. In fact, it is for the courts to ensure that frivolous litigations
in the name of PIL by persons having vested interests are not entertained. Added to this, the
Supreme Court of India has prescribed guidelines for entertaining PIL by the courts.

The PIL is usually entertained by court for redressing the grievances of the down trodden
masses, public injury, enforcing public duty, protecting social rights and vindicating public

10
<http://legalapproach.net/legal.php?nid=659> (accessed on 2018-10-14)

14
interest. The PIL has, to some extent, served the objective of helping the poor and under
privileged for getting justice.

The Supreme Court laid down seven-point guidelines to prevent misuse of PIL in Raunaq
International Ltd. Vs. I.V.R. Construction Ltd 1998 Supp(3) SCR 421.12 and Malik Brothers
Vs. Narendra Dadhich and Others (1999) 6 S.C.C. 552.13 both in 1999.

The guidelines provide, the PIL should not be merely a cloak for attaining private ends of a
third party or of the party bringing the petition.

The court should examine the previous record of public service rendered by the organization
brining PIL.

Before entertaining a writ petition and passing any interim orders in such petitions, the court
must carefully weigh conflicting public interests. Only when it comes to a conclusion that
there is overwhelming public interest in entertaining the petition, the court should intervene.

Even when public interest litigation is entertained, the court must be careful to weigh
conflicting public interests before intervening.

The party at whose instance interim orders are obtained has to be made accountable for the
consequences of the interim order. In appropriate case, the petitioner asking for interim
orders should be asked to provide security for any increase in costs as a result of delay or any
damages suffered by the opposite party in consequence of any interim order. Stay orders or
interim order, if passed, must be moulded to provide for restitution. If the PIL fails, the public
must be compensated for the delay in implementation of the project and the cost escalation
resulting from such delay on account of the interim order.14

If the court finds that in the garb of PIL, actually an individual’s interest is sought to be
carried out or protected, it would be the bounden duty of the court not to entertain such
petition.

12
Raunaq International Ltd. Vs. I.V.R. Construction Ltd 1998 Supp(3) SCR 421.

13
Malik Brothers Vs. Narendra Dadhich and Others (1999) 6 S.C.C. 552.

14
M.P. Jain, ‘Indian Constitutional Law', vol-I (5th Ed., 2003, Wadhwa Nagpur)

15
The court should restrict the flow of cases in the name of PIL, otherwise traditional litigation
will suffer and courts of law, instead of dispensing justice will have to take upon themselves
administrative and executive functions.

Suggestions

a) The court in the exercise of their public interest litigation jurisdiction cannot
transgress into the field of policy decisions of state.

b) The court under the guise of redressing a public grievance should not encroach upon
the sphere reserved by the constitution to the executive and the legislature. The court
cannot mandate the executive or the legislature to initiate legislation for a particular
purpose.

c) The public interest litigation should be converted into an adversarial litigation. It

should not venture to take over the functions of the magistrate or pass any order,
which would with its judicial reforms.

d) The petitioner, who was not in the earlier proceeding, cannot file a public interest
litigation to review the earlier decision of the Supreme Court.

e) A third party who is a total stranger to the prosecution, by making a public Interest
Litigation to review the earlier decision of the Supreme Court.

f) The public interest litigation cannot be filed in service matters.

g) The public interest litigation should not be a mere cloak. The court must be satisfied
that there is some element of public interest involved in entertaining such a petition.

Conclusion

Public Interest litigation, itself says that this is litigation for any public interest. In the words
of some learned people we can say that public interest litigation in a litigation which can be
file in any court of law by any public spirited person for the protection of “public interest.”
Now a question comes in the mind that “what in public interest?” so answer is ‘any act for the
benefit of public is public interest.' and those act are such as pollution, Terrorism, Road
safety, constructional hazards etc. in all these activities we can clearly see the public interest.
As it is said that this petition can file any public spirited person so it means that there should

16
not be interest of only he himself. There in word only says that in can be possible that in that
act for what he is filing a PIL there in a small part of his benefit also hide But it's not mean
that he cannot file. If the is interest of public then he can file public interest litigation.

Public interest litigation is not defined in any statute or any act. It has been interpreted by
judge to consider the intent of public at large. This is just like a writ petition which is file in
high court or Supreme Court under article 226 for high court and article 32 for Supreme
Court. When public interest in affecting at large then this can be filed but affection on only
one person is not a ground for filing this petition. There are some various area where a public
interest litigation can be filed.15

Violation of basic human rights of the poor. Content or conduct of government policy.
Compel municipal authorities to perform a public duty. Violation of religious rights or other
basic fundamental rights.

These are the main area where any public interest litigation can be filed against State/Central
Govt., Municipal Authorities, and not any private party. However private party can be
include in this as a respondent after making concern state authority. This petition is filed in
high court or supreme court just a same manner as other writ petition filed. There is some fee
for this purpose and its hearing proceeds is also just like other cases. In early 90's a judge had
treated a complaining post card as public interest litigation so we can say that a latter also
may be treated as writ of public interest litigation some other case are also there which we
will discuss in this project. There are various kind of remedies also there to secure the public
interest as INTERIM MEASURES, APPOINTING A COMMITTEE, FINAL ORDERS.

So by the all discussion this is conclusion that Public interest litigation is a process to put any
public problem in the eyes of law but as it is said that nothing can be fully good so there are
some good feature then some bad are also their as we have discussed about the misuse of PIL.
In the misuse of PIL it can be possible that any person of society send PIL to tease any other
person of the society in Indian law, means litigation for the protection of public interest. It is
litigation introduced in a court of law, not by the aggrieved party but by the court itself or by
any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the
person who is the victim of the violation of his or her right should personally approach the

15
<www.lawteacher.net › Litigation Law › Essays> (accessed on 2018-10-14)

17
court. Public Interest Litigation is the power given to the public by courts through judicial
activism.

Such cases may occur when the victim does not have the necessary resources to commence
litigation or his freedom to move court has been suppressed or encroached upon. The court
can itself take cognizance of the matter and proceed with suo motu or cases can commence
on the petition of any public-spirited individual.

A judicial system can suffer no greater lack of credibility than a perception that its order can
be flouted with impunity. This court must refrain from passing orders that cannot be
enforced, whatever the fundamental right may be and however good the cause. It serves no
purpose to issue some high profile mandamus or declaration that can remain only on paper.
Although usually the Supreme Court immediately passes interim orders for relief, rarely is a
final verdict given, and in most of the cases, the follow-up is poor.
PIL has, however, led to new problems such as an unanticipated increase in the workload of
the superior courts, lack of judicial infrastructure to determine factual matters, gap between
the promise and reality, abuse of process, friction and confrontation with fellow organs of the
government, and dangers inherent in judicial populism.93 Before elaborating these problems,
let me take readers to a quick tour of some recent PIL cases that would offer an indication of
this dark side.

PIL has an important role to play in the civil justice system in that it affords a ladder to
justice to disadvantaged sections of society, some of which might not even be well-informed
about their rights. Furthermore, it provides an avenue to enforce diffused rights for which
either it is difficult to identify an aggrieved person or where aggrieved persons have no
incentives to knock at the doors of the courts. PIL could also contribute to good governance
by keeping the government accountable. Last but not least, PIL enables civil society to play
an active role in spreading social awareness about human rights, in providing voice to the
marginalised sections of society, and in allowing their participation in government decision
making. 16

As I have tried to show, with reference to the Indian experience, that PIL could achieve all or
many of these important policy objectives. However, the Indian PIL experience also shows us
that it is critical to ensure that PIL does not become a back-door to enter the temple of justice

16
<http://www.lawteacher.net/litigation-law/essays/public-interest-litigation.php>(accessed on 2018-10-14)

18
to fulfil private interests, settle political scores or simply to gain easy publicity. Courts should
also not use PIL as a device to run the country on a day-to-day basis or enter the legitimate
domain of the executive and legislature. The way forward, therefore, for India as well as for
other jurisdictions is to strike a balance in allowing legitimate PIL cases and discouraging
frivolous ones. One way to achieve this objective could be to confine PIL primarily to those
cases where access to justice is undermined by some kind of disability. The other useful
device could be to offer economic disincentives to those who are found to employ PIL for
ulterior purposes. At the same time, it is worth considering if some kind of economic
incentives—e.g. protected cost order, legal aid, pro bono litigation, funding for PIL civil
society, and amicus curie briefs—should be offered for not discouraging legitimate PIL cases.
This is important because given the original underlying rationale for PIL; it is like those
potential plaintiffs would not always be resourceful.17

17
< http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan047384.pdf> (accessed on 2018-10-14)

19
 Bibliography

1. M.P. Jain, ‘Indian Constitutional Law', vol-I (5th Ed., 2003, Wadhwa Nagpur)

2. Durga Das Basu, ‘Commentary on the Constitution of India', vol-II (8th Ed., 2008, Lexis
Nexis, Butterworth Wadhwa)

Website referred:

 www.helplinelaw.com
 www.lexisnexus.com
 www.scconline.com
 www.halsbury.com
 http://www.legalserviceindia.com/article/l469-Public-Interest-Litigation.html
 http://www.publishyourarticles.net/knowledge-hub/essay/an-essay-on-the-uses-and-misuses-
of-pil-public-interest-litigation.html
 http://legalapproach.net/legal.php?nid=659
 http://www.krishnastudyacademy.com/legal-essays/151-abuse-of-public-interest-litigation
 http://www.lawteacher.net/litigation-law/essays/public-interest-litigation.php
 http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan047384.pdf

20