Model Answer
0 min readIntroduction
Public Interest Litigation (PIL), introduced in the 1980s, revolutionized the Indian legal system by providing access to justice for marginalized sections of society. Initially conceived as a tool to represent those unable to approach courts themselves – the unrepresented, the poor, and the vulnerable – PIL has evolved significantly. While it has undeniably broadened the scope of justice, recent years have witnessed a concerning trend of PILs being filed for publicity, settling personal scores, or advancing the interests of vested groups, rather than genuine public welfare. This shift necessitates a critical examination of the application, use, and misuse of PIL in contemporary India.
Evolution and Scope of PIL
PIL emerged from the landmark Hussainara Khatoon v. State of Bihar (1979) case, highlighting the plight of undertrial prisoners. It broadened the concept of locus standi, allowing public-spirited citizens and organizations to file petitions on behalf of others. This led to significant interventions in areas like environmental protection, human rights, and consumer welfare.
Positive Applications of PIL
- Environmental Protection: PILs have been instrumental in protecting forests (M.C. Mehta v. Union of India – Taj Mahal case), controlling pollution (Ganga Pollution case), and preserving natural resources.
- Human Rights: Cases concerning custodial violence, illegal detentions, and rights of marginalized communities have benefited from PIL interventions.
- Good Governance: PILs have been used to challenge arbitrary government actions, promote transparency, and ensure accountability.
Trends of Misuse and Concerns
However, the liberal approach to PIL has also led to its misuse. Several concerning trends have emerged:
- Political Motivations: PILs are often filed with political agendas, aiming to target opponents or disrupt government policies.
- Publicity Stunts: Some petitions are filed solely to gain media attention and enhance the petitioner’s public image.
- Commercial Interests: PILs are sometimes used to settle business disputes or gain unfair advantages.
- Frivolous Petitions: A large number of petitions lack genuine public interest and waste judicial time and resources.
Judicial Response to Curb Misuse
The judiciary has recognized the problem of PIL misuse and taken steps to address it:
- Imposing Costs: Courts have started imposing hefty costs on petitioners filing frivolous or motivated PILs (Harivansh Rai Bachchan v. State of Bihar, 1979).
- Dismissing Petitions: PILs lacking genuine public interest or filed with malafide intentions are being dismissed.
- Strict Scrutiny: Courts are exercising greater scrutiny of PIL petitions before admitting them.
- Guidelines for PILs: While no formal guidelines exist, courts have emphasized the need for genuine public interest, verifiable facts, and responsible petitioning.
Comparative Analysis: PIL in India vs. Other Jurisdictions
| Feature | India | USA (Class Action Suits) |
|---|---|---|
| Locus Standi | Relaxed; any public-spirited citizen can file | Restricted; requires demonstrable harm to a class of individuals |
| Focus | Broad; encompasses social justice, environment, governance | Primarily focused on private rights and remedies |
| Cost Implications | Increasingly, costs imposed on frivolous petitions | Significant costs associated with litigation; attorney fees |
Conclusion
PIL remains a vital instrument for social justice and accountability in India. However, its effectiveness is threatened by increasing misuse. While the judiciary has taken steps to curb frivolous petitions, a more comprehensive approach is needed. This includes raising public awareness about responsible PIL filing, strengthening judicial oversight, and potentially enacting guidelines to define genuine public interest. Balancing access to justice with the need to prevent abuse is crucial for preserving the integrity and efficacy of PIL in the long run.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.