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A Theory of Public Interest Litigation, also known as PIL, is a type of litigation filed to protect or enforce the public interest. The public interest is the interest of a specific class of the community that impacts their legal rights or obligations. It could include monetary interest. PILs are widely regarded as the most effective and widely used judicial tool for environmental protection due to their numerous benefits, which include, but are not limited to, quick results, low court fees, lax procedural rules, and a wide range of investigative techniques available to courts, such as special committees.
Filing of PIL
Any individual or organization may file a PIL in his/her/their own right, i.e., to safeguard or impose a right owed to him/her/them by the government, or on behalf of a section of society that is disadvantaged or oppressed and unable to enforce their own rights.
In the case of PILs, the concept of “Locus Standi” has been relaxed in order for the Hon’ble Court to consider grievances filed on behalf of those who are poor, deprived, illiterate, or disabled and are not able to approach the courts themselves.
Only a person acting in good faith and with a sufficient interest in the proceeding, however, will have the locus standi to file a PIL. A person who approaches the Hon’ble Court for personal gain, private profit, political gain, or any other oblique consideration will be ignored.
The Court may also take Suo moto cognizance.
PILs are Writ Jurisdiction extensions. PILs may thus be filed before either the Hon’ble Supreme Court of India under Article 32 of the constitution of India or any High Court under Article 226 of the constitution of India.
A simple letter or postcard acknowledged to the Chief Justice of India or the Chief Justice of a High Court, on the other hand, may suffice. The court may then decide to take cognizance of the letter and convert it into a PIL, as in Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, where the Hon’ble Court obtained a letter addressing the question of unauthorized and illegal mining in Mussoorie Hills into a writ petition under Public Interest Litigation.
Laws for PIL
Locus Standi: PILs can be filed by anyone for the benefit of those who will be deprived and unable to access the courts. As a result, in the case of PILs, general law locus stands have been relaxed to protect and protect the interests and rights of these disadvantaged individuals.
Procedural Rule: As in the case of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, courts have treated even a letter or telegram as a PIL. In the case of PILs, the courts have even relaxed the law on pleadings.
Intervention by the courts: Courts have also emphasized that Articles 14 and 21 of the Indian Constitution, as well as the International Conventions on Human Rights, guarantee a fair and reasonable trial. As a result, when many people are wronged, the courts must step in.
Maintainability: If the court believes that there is a modification of any constitutional rights of a disadvantaged group of people, the government may not be allowed to raise questions about the PIL’s maintainability.
Principle of Res Judicata: The principle of res judicata or any guidelines analogous to it would be determined by the facts and circumstances of the case, as well as the nature of the PIL.
Commission’s appointment: In exceptional cases, a shall appoint a Commission or other bodies to conduct an investigation. If the Commission represents over a public institution, the Court may direct its management.
Justice: The Hon’ble Supreme Court of India has the discretionary power, under Article 142 of the Indian Constitution, to pass a decree or order as may be required to do complete justice. However, while high courts may issue orders to ensure complete justice, they may not have the same powers as the Hon’ble Supreme Court under Article 142.
Guidelines for Public Interest Litigation (PIL) are available on the Supreme Court of India’s website. It states, among other things, that certain letter-petitions that fall under certain classifications alone will ordinarily be treated as PILs, such as petitions concerning environmental pollution, disruption of ecological balance, drugs, food adulteration, heritage and culture preservation, forest and wildlife preservation, antiques, and other matters of public importance.
Conclusion
Courts are incredibly careful to ensure that PILs are not abused, as abuse of PILs would destroy the very purpose for which they were conceived, namely to come to the aid of the poor and oppressed. Courts have repeatedly emphasised this point, as in the case of Kushum Lata v. Union of India. Courts have held, however, that even if the petitioner had approached the court for his own private interest due to personal grievances, the court may consider it necessary to inquire into the subject of the litigation and its state of affairs in continuation of public interest.
