Public Interest Litigation
Introduction
The term public interest litigation (PIL), a new experience in our legal system, is used to describe cases where conscious citizens or organizations approach the court bow fide in public interest. This is a significant new development from at least two standpoints. First, the courts are for the first time concerned with public interest matters. This is beyond the traditional role of the judges who previously adjudicated private disputes only. Second, it involves a public law approach with respect to the rules of standing, procedure and remedies so that private citizens can advance public aims through the courts. The concept and practice of PIL is thus an exception to the general rules of our Common law based legal system. It is not a revolution in the sense that it does not attempt to overthrow the entire existing system. But it is not a mere tinkering with the system either. It brings along with it a new set of principles and procedures that negate the traditional approach when public interest is concerned. Accordingly, the courts act?suo motu,?liberally interpret the rules of standing, treat letters as writ petitions, appoint commissioners, enlist aid from volunteers, award compensation to the victim and provide for continuous monitoring of the situation. PIL thus is a major reformation at both conceptual and practical levels.
What is PIL?
There is no confusion as to the general meaning of PIL – that it is litigation in the interest of the public. Yet the more one attempts to be specific about the scope of PIL, the less satisfactory becomes this general description. Terms like litigation’, ‘public?or ‘interest’ have different meanings and scope in different situations. Further complications arise when the term ‘public interest’ is the issue. Since the term is culture specific, no single definition can satisfy everyone. Hence the scope of the term depends, to a great extent, on the point of view chosen.
Meaning of the Term ‘Public Interest Litigation’
Public interest litigation is essentially a co-operative 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 section of the community and to reach social justice to them.
PIL started to evolve and develop with great speed and the judges extensively applied the concept to different areas. This wider scope of PIL was ensured by defining it from a very broad angle, by describing PIL simply as litigation in the interest of the public.
PIL may be distinguished from ordinary litigation in the following way, First, PIL is for the benefit of the people as a whole or a segment of the society. It aims to enhance social and collective justice and there must be a public cause involved as opposed to a private cause. This includes several situations:
a. Where the matter in question affects the entire public or the entire community, e.g. illegal appointment of an unfit person as a government servant;
b. Where the issue involves a vulnerable segment of the society, e.g. eviction of slum-dwellers without any alternative arrangement;
c.???????Where the matter affects one or more individuals but the nature of the act is so gross or serious that it shocks the conscience of the whole community, e.g. rape of a minor girl in police custody.
Second, in the situations mentioned above, any individual or organization may approach the court. In other words, PIL involves liberalization of the rules of standing.
This includes cases initiated?suo motu;?because the judge himself is a concerned citizen in such a case.
Third, the court adopts a non-adversarial approach as opposed to an adversarial system of litigation. This includes procedural aspects as well as the aspects of granting relief. As a result, the court may treat letters as writ petitions, appoint commissioners, award compensation or supervise and monitor the enforcement of its orders.
In short, PIL may be described as a type of litigation where the interest of the public is given priority over all other interests with an aim to ensure social and collective justice, the court being ready to disregard the constraints of the adversary model of litigation. Thus when conscious citizens or organizations, with?bonafide?intentions, approach the court for the interest of the public in general or a disadvantaged or under-privileged segment of the society and not for any private, vested, special or group interest, it is termed as ‘public interest litigation1. An injury to the public interest will be apparent only when some constitutional or legal rights, privileges or benefits are affected or where a constitutional or legal duty or obligation has not be performed. PIL becomes a necessity when protection of law is unavailable to the public or a segment of it due to ignorance, poverty, fear or lack of organized endeavor.
Objectives of PIL
Public Interest Litigation (PIL) is filed in a court -
When a PIL can be filed?
PIL can be filed only in a case where public interest at large is affected. Following are some of the possible areas where a PIL can be filed-
Determining Public Interest in a PIL Case
In PIL, the litigation must involve some clearly ascertainable public interest which is given due recognition and conscious preference with an aim to ensure collective justice. Apparently, three stages are involved in an ideal case:
a. Public interest is given priority over special interests, private interests, group interests and vested interests. In other words, in a free competition of interests of different kinds, the interest of the public prevails
b.?It is the judge who decides what public interest is by exercising his discretion. This thus is predominantly a matter of fact and is decided in a case to case basis
c. The discretion of the judge is exercised judiciously and not arbitrarily or whimsically. It may appear that ‘public interest’ is a vague and fluid concept, the meaning of which changes from time to time depending on the problem at hand. Accusations of vagueness, however, may be countered in several ways.
Conclusion
Public Interest Litigation (PIL) has emerged as an effective tool for seeking judicial responses and subsequent government actions to the socio-economic challenges of the unorganized, powerless and those segments of the society who are precluded from resorting to legal redress owing to resource or knowledge constraints. PIL has enabled public-spirited individuals, groups and conscious citizens to litigate in the interest of the poor and disadvantaged; and widened the scope for NGOs and civil society to participate in formulation of pro-people policies and laws.
A PIL is generally instituted for the enforcement of the constitutional and legal rights of the poor and excluded groups as well as ensuring accountability of concerned government and public authorities towards issues of public importance. Persistent efforts by NGOs and social action groups through PIL has, in many occasions, prompted the High Court Division to issue directives and orders that in turn addressed the socio-economic concerns of the poor and the marginalized groups.