Public Interest Litigation

Litigation for the preservation of public interests is known as public interest litigation. This is an important notion in politics and law, and it may also be seen on television, especially in the news. The public interest litigation act has figured prominently in India’s political system and legal fraternity. In India, they have been involved in many historic decisions. Authorities have exposed the sabarimala sites to women, abolishing instant triple talaq and legalizing acceptable gay relations. 

Both formal and informal legal issues can lead to public interest cases. The many norms and standards that guide the abuse of discretion by public authorities are referred to as public law. Private law relates to circumstances in which no public body is involved, such as employment or family law. By judicial review, public interest litigation is often utilized to overcome public authorities’ obstacles. Judicial review is a type of legal trial in which a judge considers the legality of a public body’s course of action or failure to act. Judiciary examines whether the law was correctly applied and that the proper processes were followed.

History

Kapila Hingorani filed a petition in 1979 in the famous ‘Hussainara Khatoon’ case, securing the discharge of approximately 40000 people facing charges in Patna’s jails. Hingorani was an attorney, and the matter was brought before a Judiciary panel headed by ‘Justice P N Bhagwati.’

As a consequence of this victory, Hingorani has earned the moniker “Mother of Public Interest Litigations.” The court allowed Hingorani to pursue a case where she lacked personal ‘locus standing’ roles in implementing the public interest litigation as a regular feature in legal law.

Impact on public administration

Public interest litigation notes to litigation that is conducted in the public interest. Public interest litigation is one component that allows the impoverished to obtain justice. The development of this genuine tool has proven beneficial in the development of a country like India. Public interest litigation has been used to combat the aberrations that are gaining popularity among the general people. The public administration’s exceptional abilities must belong to a union to foster open, unbridled, and unrestricted excitement.

Factors responsible for the growth of public interest litigation in India

The Indian Constitution’s personality has a codified constitution that establishes a framework for regulating relations between the state and its citizens, also between residents, including Fundamental Human rights and Provisions Of the Constitution.

Although socioeconomic liberties are not technically attainable under the Indian Constitution, courts have imaginatively woven them into fundamental rights, rendering them lawfully actionable.

All municipal or other officials within the Indian constitution or under the ruling party of India are included in the Indian Constitution, as are the Council of Ministers of India, the public  Administration and State senate of each of the States, and all local or other law enforcement agencies inside the Indian union or under the political system control of India.

Significance

• Public interest litigation is a necessary tool for social transformation, preserving the rule of law, and improving the equilibrium of law and social justice.
• It makes certain that everyone has justice. Anyone capable of doing so can file appeals on behalf of others who are unable and might not have the resources to do so.
• The introduction of public interest litigation ensures increased public engagement in judicial and public administration action.
• Public interest litigation involving exploited and marginalized communities has been waiting for years. Due to excessive delays in resolving public interest litigation cases, many leading decisions may be of academic importance only.

Who can file public interest litigation and whom?

Each civilian can bring a public case to the Supreme Court by submitting a petition-

• Pursuant article 32 of the Indian Constitution.
• In the high court of India, pursuant article 226 of the Indian constitution.
• In the court of magistrate, pursuant to section 133 of the provisions of section

However, the prosecution must prove that the Lawsuit meets some basic requirements for PIL because the note is discussed by an appellant, a citizen entity, or an interpersonal task force to regulate judicial rights to anyone unable to take legal action for payment of compensation.

A Public interest litigation could bring up against the central government or public entity, but not against any private party. It includes the democratic assembly, the federal govt, and all local and other courts within India’s jurisdiction under the current administration.

Where can a Public Interest Litigation be filed?

PILs are petition jurisdiction’s expansions. As a result, PILs may be submitted in either the learned judge of the Indian constitution or any of the Indian constitution’s high courts.

Note written to the pudge or the presiding judge of a high court, on the other hand, might be sufficient. In rural law & claims Kendra, Dehradun vs. state of Uttar Pradesh, the headed by justice court turned a statement discussing the issue of unlicensed and unlawful miners in Mussoorie hills into a complaint filed on public interest litigation.

Conclusion

Public Interest Litigation has yielded great success that would have been impossible three decades ago. Through judicial action, humiliated bond workers abused criminal charges and imprisoned convicts, humiliated inmates of protected women’s homes, blinded convicts, abused toddlers, homeless, and many more have found relief.