Explain the significance of public interest litigation
Answers
The term Public Interest Litigation (PIL) is composed of two words; 'Public Interest' and 'Litigation'. Hence, lexically the expression 'Public Interest Litigation' denotes a legal action initiated in a court of law for the enforcement of public interest where the rights of an individual or a group have been affected.
The ever-encompassing and ever-expanding concept of this oft-heard term Public Interest Litigation has perplexed legal minds for decades. Various luminaries have tried to capsule the concept into a precise definition. However, all such efforts have failed. This paper delves into various landmark judgments delivered by the Supreme Court of India to better understand this nebulous concept.
By studying the practice of the Courts of India, the concept of PIL in India has been a marked departure from its American counterpart. In India, it has given voices to many, especially the poor and underprivileged, and has helped them establish their Fundamental Rights and various other legal rights governed by the laws of the country.
By relaxing the requirements of locus standi, and permitting any person who has sufficient interest in a matter to file a suit, the concept of PIL as developed by the Supreme Court of India has added breath and life to the Constitution and transformed it into a living document for Indians. This paper focuses on the contribution of the Emergency Period which, in fact, helped guarantee a greater number of rights to Citizens of India in its aftermath when various questions of law were brought up before the Courts for their interpretation.
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WHAT IS PUBLIC INTEREST LITIGATION?
It may be easy to know when such litigation is presented. Yet defining it has taxed judicial minds. Some say it is a ‘nebulous concept’ and is beyond definition. Others try to define it by delineating its characteristic features. A Judge in Australia identifies it by the public character to which the litigation relates evidenced by: properly bringing proceedings to advance a public interest; that proceedings contribute to the proper understanding of the law in question; and have involved no private gain.
The effect of this decision is really a crucial determining factor. Whether the action is brought by a singular individual or an organization or as a class action, or even where the remedy sought may benefit the applicant directly, the litigation may yet be in the public interest if the impact of the decision will serve the wider public interest.