The Power and Impact of Public Interest Litigation

The Power and Impact of Public Interest Litigation

• Author:- Srijan Kar, a Student of Christ University

Introduction 

A legal action taken before the constitutional court to preserve the public interest and provide justice to the last persons in queue is known as a PIL, or public interest litigation, and it is the strategic arm of the legal aid movement. It is a means of making justice available to those who, for a variety of reasons, including sociological or financial, are unable to knock on the door of the court. The PIL concept was developed to protect the interests of those who had been denied their legal rights and were being taken advantage of by the dominant members of society as a result of their socioeconomic disadvantages.

Origin Of PIL

In their ruling in the case of fertiliser corporation Kamgar union vs. union of India, the judges of the supreme court of India, Justice V.R. Krishna Iyer and Justice P.N. Bhagwati, played a crucial role that led to the opening of new horizons in public interest litigation in India. According to Justice Iyer, the PIL is a way for the underdog to receive justice. The primary goal of PIL is to provide legal assistance to India's most underprivileged citizens.

Advantage of PIL

PILs make the legal system accessible to India's last remaining citizens and inform them of the court's constitutional right to intervene. The most vulnerable members of society now have recourse to the legal system to protect their human rights include exploited women and prisoners who are being held under harsh conditions. The PIL has educated people on the value of liberty and fair justice while also raising their awareness of the dignity of human life.

Drawbacks of PIL

Many legal academics believed that PIL was an unruly horse that broke all the norms and might therefore entirely disturb the discipline of the judicial process. Most of the attorneys and judges criticised its technique and validity. New hope has been given to victims of governmental criminal negligence and administrative abuses by the rising use of public interest lawsuits. The primary goal of the PIL was to provide justice for the underprivileged members of society, yet there are numerous unfavourable tendencies that are considered to misuse this goal.

Way Forward

The success of the PIL hinges on the judiciary's recognition of the state as a welfare state and the state's readiness to carry out the constitutional obligation. Establishing a PIL cell in the constitutional court and circulating PIL petitions among judges to get their opinions before admitting them are necessary to prevent the Indian judiciary from becoming overburdened with cases in which a PIL played a significant role. The hearing process for PIL cases must also be sped up to prevent the public's trust from being shaken. The creation of a PIL journal will allow interested parties to communicate information about pertinent PIL cases within an hour.

Conclusion

The right to safeguard human rights, as described in the aforementioned texts, is protected by the Indian Constitution. Public Interest Litigation (PIL) is a novel tactic that has been created to provide access to justice for the disadvantaged and underprivileged members of society. The public interest litigation movement in India has marked the beginning of a new era in human rights protection and advocacy. PIL aided in strengthening the government's commitment to upholding the rights of the underprivileged. PIL's results are astounding.

PIL has been a blessing for the underprivileged people, but like with everything things, it can backfire if it is done incorrectly. Its exploitation would do significant harm. A strong tool for defending the rights of those who are oppressed or disadvantaged and seek justice is public interest litigation. It should be carried out responsibly and with consideration for the resources it uses.

References

• Dr. Swapna Deka Madrinath, "Judicial Activism in Post Emergency Era", Notion Press, 2015

• (1981) 1 SCC 568

• "The clogged state of the Indian judiciary," according to Sumeda The Hindu (13 May 2022, Delhi)