CAN PUBLIC INTEREST LITIGATION BE MISUSED, AND HOW CAN COURTS PREVENT IT?
Saman Mushtar, Student, Aligarh Muslim University
- INTRODUCTION
A Public Interest Litigation (PIL) lacks a formal definition within any specific law, statute, or act. It is initiated in the courts under the Constitution of India with the aim of safeguarding public rights and enhancing the general welfare. The notion of PIL emerged in India as a result of the power of judicial review. Unlike traditional litigation, a PIL is not filed by an individual who has suffered harm; rather, it is submitted by a concerned citizen who is invested in the welfare and improvement of society.
Any individual has the right to file a PIL concerning issues that impact the public interest, including but not limited to road safety, environmental pollution, construction-related dangers, terrorism, the plight of neglected children, violence against women, the exploitation of casual labourer, bonded labour practices, the failure to pay minimum wages, food adulteration, ecological disturbances, and the preservation of cultural heritage. This blog aims to shed light on the ways PIL can be misused and explore the steps courts can take to prevent such misuse. By recognizing these challenges, we can make sure PIL remains a strong and effective instrument for justice and public welfare.
- UNDERSTANDING PIL
The concept of Public Interest Litigation (PIL) in India began to take shape in the late 1970s, primarily thanks to the groundbreaking efforts of Justices P.N. Bhagwati and V.R. Krishna Iyer. A pivotal moment in the development of PIL was the case of Hussainara Khatoon vs. State of Bihar (1979), which played a crucial role in establishing the framework of PIL as we know it today. This case highlighted the difficulties faced by undertrial prisoners and emphasized the significance of the right to speedy justice as a fundamental right.
A significant example of PIL’s influence on social issues is the Vishakha case, which led to the establishment of guidelines aimed at preventing sexual harassment of women in the workplace.
CONSTITUTIONAL PROVISIONS REGARDING PIL:-
- Article 32: Article 32 provides the right that a person can forgo directly to the Supreme Court in cases their rights are violated by other people. Once these necessary rights are guaranteed, the Court can issue a writ such as a writ of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
- Article 226: Article 226 gives the authority to the court to order the enforcement of fundamental rights within their territorial limits. The court not only has the power to entertain PIL petitions but also has the authority to issue the orders in the public’s interest.
- Fundamental Rights: PIL petitions are based on various fundamental rights stated in the Indian Constitution, Part III of the COI, which occupies the right to equality (Article 14), the right to life and personal liberty (Article 21), the right against exploitation (Article 23), and the right to constitutional remedies (Article 32). A PIL primarily carries out these rights for those who are at the risk of being marginal or vulnerable in the society.
- The way to frame the PILs is outlined through the Directive Principles of State Policy (Part IV of the COI, although they are not legally binding. PILs are commonly established on the bases of these principles for example ensuring the existence of a clean environment, or the protection of social justice that are the main goals of the public interest.
HISTORY OF PIL IN INDIA:-
Here is a table given below, explaining how PIL has been evolved through different cases :-
| Case | Year | Key Points | Importance | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Mumbai Kamagar Sabha vs. Abdul Thai | 1976 | Justice Krishna Iyer argued that PIL played an important role in serving the interests of the poor and oppressed. | Emphasized PIL’s role in aiding disadvantaged groups and ensuring the legal system served their interests. | |||||||
| Hussainara Khatoon vs. State of Bihar | 1979 | The case highlighted the inhuman conditions of prisoners and under-trial prisoners. It established the right to speedy justice as a fundamental right. | First reported instance of PIL; marked the recognition of the right to speedy justice. | |||||||
| S.P. Gupta vs. Union of India | 1981 | The case allowed any individual or social action group to invoke the jurisdiction of the High Courts or Supreme Court for violations of legal or constitutional rights. | Paved the way for public interest litigation by individuals and groups on behalf of those unable to seek justice themselves. | |||||||
- INSTANCES OF PIL MISUSE:-
Following is the table of the cases where PIL have been misused:
| CASE | REASON OF DISMISSAL OF PIL |
| SPV Paul Raj v. The chief of electoral officer and Anr. | The court held that it was totally frivolous and also dismissed the petitioner with cost. |
| Lalit Valecha v. Union Of India | The petition was dismissed and it was held by the court that the reporting of deaths to the public is not negative news. |
| Pratyush Prasanna and Anr. V. State NCT Of Delhi | The court pulled up the petitioner for not filing the PIL with requisite information of the situation and also asked to pay Rs. 50,000 for misusing the PIL. |
| Rajeev suri v. The Delhi Development Authority | The court held that it had reiterated the intention behind the PIL . |
- HOW COURTS PREVENT MISUSE OF PIL?
PIL in india have been used through various ways in india over years, some of which are listed beloew:
- CONCLUSION:-
Public Interest Litigation (PIL) is a legal process through which an individual or a group is allowed to demand that the courts address issues of public interest. In India, PILs have been used to deal with a broad spectrum of issues such as preservation of the environment, human rights, and corruption. Still, there is an upsurge of misuse of PILs in recent years. Putting up baseless petitions, settling personal differences or advancing political or business goals through PILs, rushing to the courts without the necessary research or knowledge of the statutory provisions, and persecuting government officials or private persons with PILs are a few of the unrightful actions. The inappropriate use of PILs has caused several issues, namely the inundation of the judiciary with fruitless petitions, the loss of confidence in the judicial system, the deterring of authentic PILs activists from raising their concerns, and the frightening and silencing of whoever dares to criticize wrongdoing. A multitude of ways is to be resorted to as a remedy to this issue. Through educating the public, making clear rules, and promoting the use of alternative dispute resolution procedures, the PIL misuse in India can be prevented. On the other hand, those who abuse PILs should be reprimanded and the legal environment should be made stronger.
Understanding how courts can protect the integrity of this important legal mechanism, as we examine the dangers of PIL being co-opted for personal or political gain, is thus essential. So, read along, to know hurdles, possible misuses and what needs to be done in order to make PIL a positive device in safeguarding public interest. Join the conversation to discuss the measures to improve our legal system!