Introduction
The appearance “Public Interest litigation” has been taken from American Jurisprudence where it was designed to provide legal representation to previously unrepresented groups like the poor racial minorities unorganized consumer ,citizen who were in love with environmental issues etc. Public Interest litigation is different from any other litigation. It does not involve the enforcement of rights of one person against another. This type of litigation is filed to provide justice to t section of society .it is commendable to see that courts have taken all possible measures to allow access to public spirited persons and even Non governmental organization to file petition on behalf of those who cannot approach the court.
Procedure of filing PIL in High Court or Supreme Court
Public interest litigation can be filled under article 32 of constitution of India in Supreme Court of India and under article 226 of constitution of India in High court.[1]
Concept of Doctrine of “Locus Standi” in PIL
The term locus standi is a Latin term. General meaning of which is” Place of Standing”. The oxford dictionary defines the term as a right or capacity to bring an action or to appear in competent court.
1.) Traditional View of Locus Standi:
Traditional principal or view of this doctrine based on the theory that rights and remedy are co-relative and therefore only a person who’s own right is affected is entitled to seek remedy. Traditional view in this regard of locus standi in writ jurisdiction can be understood in following manner.
- Who has suffered a legal injury by reason of violation of his legal rights or legally protected interest.
- Is likely to suffer a legal injury by reason of violation of his legal rights or legally protected interest.
There are few exception which are as follows:
- A person who is a minor on his behalf his next friend can file a suit or petition.
- A person under disability, unsound mind or insane .
2) Modern view of Locus Standi :
The legal basis for relaxation of rule of locus standi through article 32 and 226 of Indian constitution.
- As article 32 confers the right to move to supreme court for enforcement of any of fundamental right but it does not say who shall have this right. In the absence of any conferring provision it is clear that” Anyone can maintain action”.
- Article 32 states that supreme court can be moved “By appropriation proceedings in the absence of any limitation with regard to kind of proceedings the word appropriate does not refer to any form but to the purpose of proceedings is an enforcement o fundamental rights.
- The aforesaid logic equally applies to Article 226 only that jurisdiction of High court is wider as they can exercise the jurisdiction not only for the Fundamental rights but also for the violation of any legal rights. [2]
- In the case of SP Gupta v. Union of India [3] it was held that any member of public can maintain an application for an appropriate action, direction, order or writ in high court under article 226 and in case of breach of any fundamental right in the supreme court under article 32 seeking judicial address for such legal injury.
Thus, liberal rule and its legal basis is now well established and it says:
- Where a legal wrong or legal injury is caused to a person or determinant class of person as a result of violation of constitutional or legal right.
- Any such legal wrong or legal injury or illegal burden is threatened.
- Such person or determination class of person is by reason of poverty, illness, helplessness, or disability or socially or economically not able to move to court.
Evolution Of Public Interest Litigation in India
Public interest litigation has been a part of constitutional litigation .Therefore in order to appreciate the evolution of PIL in India it is desirable to have a basic understanding of constitutional framework and Indian judiciary. After gaining or achieving independence from the British rule on august15, 1947 the people of India adopted a constitution in November 1949 with the hope to establish a “sovereign, socialist, secular, democratic, republic.” In India the first PIL was filled in the year 1976 Mumbai kamgar Sabah v. Abdul bhai and the other historical PIL is the one filled for prisoners right Hussainara khatoon v. state of Bihar. A very prominent PIL Activists in India is MC Mehta v. union of India : A lawyer by profession and a committed environmentalist by own choice. He has single handedly obtained about 40 landmark judgements aand various orders from supreme court against environmental order. Some of the landmark Judgements arising out of PIL filled by him are:
- The Oleum gas leak case
- The ganga pollution case
- The delhi vehicular pollution case
The supreme court has performed judicial activism by passing various orders and Judgements In PIL.
Landmark Cases :
As I have earlier mentioned the SP Gupta case but There are various landmark cases except this but out of which I can explain the 2 more case laws which are as follows:
Bandhua Mukti Morcha v. Union of India [4]
Facts;
The Petitioner was an ‘an organisation dedicated to the cause of release of bonded labourers’. It conducted a survey in stone quarries and mines in Faridabad district. It found that several workmen in these mines were migrant workers from other States in India who were ‘bonded labourers.’ They were living in conditions of abject poverty. The mine owners did not provide them with shelter, clean drinking water, latrines or medical facilities, among other things. The workers were also subject to respiratory infections due to the pollution generated by stone crushers. There also existed an illegal system of thekedars or middlemen who extracted a large percentage of wages from the workmen as commission. The Petitioner, on behalf of these workmen, addressed a letter to the Court invoking the jurisdiction of Article 32 of the Constitution and sought reliefs for, among other things, reduction in air pollution, clean and potable drinking water, conservancy facilities, medical facilities and compensation. The Supreme Court treated it as public interest litigation and appointed a commission for inquiry into the Petitioner’s allegations. The Respondent-Government challenged the petition on the ground that it was not procedurally in accordance with the Rules of the Supreme Court and the Code of Civil Procedure..
Javed v. State of Haryana [5]
Facts:
The Javed litigants challenged the constitutionality of a coercive population control provision, which governed the election of the panchayat. The Haryana Provision disqualified “a person having more than two living children” from holding specified offices in panchayats. The objective of this two-child norm was to popularize family planning, under the assumption that other citizens would follow the example of restrained reproductive behaviour set by their elected leaders.
Proceure to file PIL?
- Collect all information i.e Documents, photographs etc of affected interest and affected groups and make a rigid decision to file a case.
- File a case as written petition carefully ( as it expensive and time taking) .
- Consult a lawyer or if you doing yourself then just take help in drafting.
- Write a relevant authorizes and maintain records in organized form to be clear about your demand.
- Its advisable to carry all documents for proof like documents, photograph with affidavit, bills and copies.
- The petition should be addressed to the court within the respective jurisdiction. In case of high court two copies o petition required to be filled as well as copies to opposite party should be given in advance and in case of supreme court, five copies required to be filled.
- With a court fees of Rs 50 per respondent have to be affixed on petition.
- After getting the reply from opposite party and rejoinder by the petitioner ,final hearing take place and judges give his final decision.
Conclusion
PIL has an important role to play in the civil justice system in that it affords a ladder to justice to disadvantaged section of society some of which might not even be well informed about their rights. Furthermore it provides an avenue to enforce diffuse rights for which either it is difficult to identify an aggrieve person or here aggrieved persons or where aggrieve person have no incentives to knock at the doors of the courts.
PIL also contribute to good governance by keeping the government accountable last but not least ,PIL enables civil society to play an active role in spreading social awareness about human rights in providing voice to the marginalized sections of society and in allowing their participation in government decision making.
[1] (Article 32 is a fundamental right which empowers the Supreme court to issue direction, order and writs and Article 226 is a constitutional right which empowers high court to issue a direction, order, writs for enforcement of fundamental rights and other legal rights) of the Indian Constitution
About Author(s)
Harshil Munjal is pursuing 2nd Year, BBA. LL.B(Hons) from Faculty of Law, JECRC University
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