INTRODUCTION

India is a country of diversity and rich cultural heritage. It is also the land of great origins, far back from the times of Chandragupta Maurya to the present 21st century. As great as the country’s democratic system is, including the administration, so is the country’s judiciary. The Indian judiciary is regarded as the largest judicial system in the world. The utmost faith the citizens have in the country’s judicial system has not been achieved by any other judicial system in the world. 

The constitution of India has made India a federal union, making the centre occupy an important and inalienable position in the political and governing arena. But that doesn’t give the government at the union level to govern the country solely on its own. The theory of separation of powers, as proposed by Montesquieu, has been taken, not in its primordial form, but suiting the nation’s situation. The judiciary has been given an independent status to adjudicate impartially and take on the preservation of rights and duties of the citizens by the Constitution of the country. As we have already witnessed a glimpse of the arbitrary rule of the executive during 1975, such a situation had to be taken into the utmost consideration, so that such an instance could never happen. 

All the fundamental rights including the Right to life and Personal liberty, guaranteed by article 21 and the right of protection in respect of conviction of offenses, offered and safeguarded by article 20, was ignored and practically thrown out of the window, leading to severe disastrous situations in the country during the 1970s, during and after of 1975, being the time of National Emergency. The set of rights guaranteed by the constitution, entitled as ‘The Fundamental Rights’, is protected by the constitution through articles 32 and 35. It ensures that those rights are accessible to all citizens alike, irrespective of any differences. The concept of Public Interest Litigation has evolved through these articles. It thrives in the vicinity of these articles and has spread roots far and wide through these articles, giving it such a kind of importance and eminence. 

Public Interest Litigation (PIL) has become one of the most important tools for civil as well as judicial activism over the years. It has granted the most-awaited rights to many and is continuing to do so. Such existence itself creates a delightful picture of a great weapon of protection.

DEFINING PUBLIC INTEREST LITIGATION 

Public Interest Litigation or PIL has been a popular weapon used by the courts as well as the public-spirited citizens in advancing social justice to those who are unable to fight for their cause. It has embedded the concept of ‘Justice’ in its agenda. To start up, in simple terms, is a mechanism offered by the legal system which allows a person to file a case on behalf of another to secure their rights. It is also a mechanism through which courts take up certain public legal issues suo moto, for advancing justice to those who were denied it. The scope of PIL is very much wider than traditional litigation or case filing. Here, a person who isn’t aggrieved can file a case on behalf of the affected to secure them the right they were denied.

PIL has been used since its inception in 1979 as a means of providing a voice to the voiceless. It has led to the discovery of several atrocities committed against a lot of masses, who were rendered helpless due to the hold of the powerful and the haves. It has led to the unleashing of the awful activities committed by several individuals, organisations, etc. It has also led to holding the government accountable in various cases. It has widened the scope of access to justice and the enforcement of fundamental rights guaranteed.

HISTORY AND CONSTITUTIONAL PROVISIONS OF PUBLIC INTEREST LITIGATION

History in the International Sphere

The history of PIL can be traced back to the United States in the 1960s, where the concept was initially conceived for providing legal aid for the underprivileged sections of society. It has also been used to spread awareness to the people regarding this very matter, as well as for other issues. This has led to the adoption of the notion by various other states, catering to their special socio-economic circumstances. One such country which adopted it was India, which has led to several noteworthy changes in the country.

History of PIL in India

In India, PIL gained momentum through the case of Hussainara Khatoon v. State of Bihar (1979). The issue was regarding undertrial prisoners, who remained in jail for five years without any trial. The issue was brought to the court by a group of lawyers, wherein the court ordered the release of all the under-trial prisoners, who had been languishing in jail for all those years. This case paved the way for a new era of foreign growth of PIL.

Article 32, which enables a citizen to approach the Supreme Court in the case of fundamental rights violation, and Article 226, which enables a citizen to approach the High Court in the case of violation of rights.

Part IV of the Indian Constitution, which talks about the Directive Principles of State Policy, provides a framework for the state its make.

EFFECTS OF PIL, ESPECIALLY IN OFFERING SOCIAL JUSTICE

PIL offers vulnerable people a voice by emphasising the important issues connected to them and giving them a platform to fight for their rights. PIL has made that fight accessible and easier to win. PIL, moreover, has drawn the attention of the media towards a more and achieved platform, where the issues could be properly discussed and decided upon for its rejuvenation to the current situation. The relaxation by the Supreme Court regarding its procedural formalities has gone a long way in ensuring affordable and ‘within the hand’ access to justice. It has empowered citizens to fight for their rights, which are inalienable to them. It has democratised the entire process. 

The effects which PIL rendered can be best explained with the help of some landmark cases:

1. Vishaka v. State of Rajasthan

This case was filed by Vishaka, an NGO, to seek justice for a woman named Bhanwari Devi, who was brutally raped in her workplace. The Supreme Court had held that sexual harassment at the workplace is a violation of fundamental constitutional rights under Article 21, and laid out certain guidelines for prevention and redressal of sexual harassment at the workplace, which later became the POSH (Sexual Harassment of Women at Workplace, [Prevention, Prohibition and Redressal]) Act, 2013.

2. M.C. Mehta v. Union of India

The case was filed by M.C. Mehta, an environmental lawyer, against industries and cities that were discharging harmful chemicals into the Ganges River. The Supreme Court, recognising this issue, has legislated the establishment of sewage treatment plants, relocation of the industries and cities, and the implementation of strict environmental regulations.

3. Javed v. State of Haryana

It was filed against a provision in Haryana’s election laws that discouraged people with two or more children from holding certain positions in the panchayat. The Supreme Court upheld the Haryana provision, thus considering it a reasonable step in the public interest.

4. S.P. Gupta v. Union of India

The judgment of S.P. Gupta has widened the scope of PIL, thus allowing lawyers to file a PIL to ensure social justice to the aggrieved.

The role of PIL doesn’t have a definite, circumscribed limit to be stated. It enclosed the areas which are related to the rights of citizens. It has penetrated areas of Fundamental rights protection, environmental protection, protection of rights given to citizens via the Information Technology Act, 2005, etc. It had become an ardent advocate of women’s rights, where we got a glimpse in the case of Vishaka v. State of Rajasthan. Environmental protection could be understood from the M.C. Mehta case.

As is evident from these landmark cases and judgements, originating from PILs, has led to the presentation of certain grievances faced by people to get to the forefront, thus getting an effective remedy for the same. It has revolutionised the concept of the provision of social justice. 

NEGATIVES OF PIL

A great tool of warfare to advocate justice also has certain negatives. There is always a way through which PIL can be misused, especially by those who have political influence. The advent of PIL has considerably increased the number many cases, which has added to the already existing load of backlogs, especially in the Supreme Courts. It is also a threat to diluting the aspect of the doctrine of separation of powers. As we all know, in the Indian context, there’s a fine line between the powers of the three organs of the government, whereas the Indian judiciary is independent and impartial. By receiving and adjudicating cases relating to the slips of the legislature and executive, there’s a higher possibility of the dilution of this essential doctrine, which forms one of the basic structures of the Indian Constitution. 

IMPROVISATION MEASURES

The court should look into the potential misuse on the part of politicians. It should not be the reason for any arbitrary, illegal, or illegitimate administrative action. PIL should be scrutinised to know its public veracity and supportiveness. It should be gone through intensively to know that there is a bona fide intention on the part of the petitioner who submitted it, and it's solely for promoting personal interests at the behest of society. The impact of the decisions of the PIL should be inspected minutely and closely by the courts, for its effectiveness should be extreme caution; the PIL should not be made as an instrument for frivolous and malicious complaints.

CONCLUSION

In the backdrop of the increasing situations in the country where our fundamental rights keep getting violated, a saviour such as PIL is very much necessary and has proven to be effective help so far. It aims to give a voice to the people who face a serious problem regarding accessibility. Through public-spirited citizens, the vulnerable and the neglected get a tough arena to raise their concerns. Thanks to the PIL for enabling such a situation. Our India, being a democratic republic with an independent and impartial judiciary, makes us citizens empowered to be able to assert our rights against anyone, emphasising the fact that the Constitution of the country will always protect our rights, no matter what, in this democratic republic of a nation.

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