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EVOLUTION OF PIL THROUGH LANDMARK CASES

DALL·E 2025-02-01 19.02.25 - An artistic infographic-style timeline illustrating the evolution of Public Interest Litigation (PIL) through landmark cases. The image features a win
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This article has been written by Ananya Shruti, First-year BBA. LL.B student, Symbiosis Law School, Hyderabad.


ABSTRACT –

The evolution of Public Interest Litigation (PIL) in India marks a momentous shift in the judicial landscape of the country, redefining the role of the judiciary as protector of public rights and a catalyst for social justice. Emerging in the late 20th century, PIL was a dynamic instrument of judicial activism that enabled the courts, particularly the Supreme Court and High Courts, to transcend the traditional boundaries of litigation. Through the writ jurisdiction, PILs have democratized access to justice, allowing marginalized groups, public-spirited individuals, and civil society organizations to seek legal remedies on issues affecting the collective welfare of society. This article goes into the historical evolution of PILs, tracing the roots of their conceptualization in the 1970s to modern-day significance. The chronological discussion of landmark cases helps it analyse how judicial pronouncements have shaped the trajectory of PILs and expanded the scope of fundamental rights under the Indian Constitution.

Some examples of these cases include Hussainara Khatoon v. State of Bihar, and MC Mehta v. Union of India, which transformed the Indian judicial system through PILs that brought to attention issues related to environmental degradation, violation of human rights, governmental accountability, and social justice.

This article goes further in discussing how PILs have evolved to become a tool for legal innovation that helps courts apply justice, equity, and good governance principles. In so doing, the gap between law and society continues to be bridged by PILs, and the judiciary continues to reaffirm its commitment to the public interest as well as making the legal system more inclusive.

The analysis highlights both the advantages and disadvantages associated with the PIL mechanism, underscoring its pivotal role in advancing the cause of justice in India’s constitutional democracy.

KEYWORDS – Public Interest Litigation, Article, Locus Standi, Writ jurisdiction, Court

INTRODUCTION –

Public Interest Litigation (PIL) is a legal mechanism that allows individuals, organizations, or groups to approach the judiciary to seek redress for issues concerning public interest, particularly where the rights of marginalized or underprivileged sections of society are violated. It enables the courts to intervene in matters affecting the collective welfare of society, ensuring the enforcement of fundamental rights and legal protections under the Constitution of India. Unlike traditional litigation, PIL does not require direct personal injury to the petitioner and can be filed on behalf of those unable to access justice themselves, thereby democratizing access to the judicial system.

Even though Public Interest Litigation (PIL) is not defined in any statute or act, it is interpreted by the judges to consider the intend of the public at large.

ADVANTAGES OF PIL –

Advantages of Public Interest Litigation are:

DISADVANTAGES OF PIL –

Disadvantages of Public Interest Litigation are:

The definition regarding the term ‘Public Interest Litigation’ is that it is the litigation for the public interest. In India, Article 32 of the Indian Constitution contains provisions regarding the involvement of public in the judiciary. A PIL may be introduced in the court suo moto, rather than the aggrieved party or any other third party. In such a suit, the right to file the suit is given to the member or by the Court through judicial activism. The member of the public may be a non-governmental organisation (NGO), an institution or an individual.

HISTORY OF PIL –

The concept of Public Interest Litigation (PIL) originated in the United States (US), mainly to provide legal assistance to disadvantaged groups.

In India, PILs gained prominence in the late 1970s and early 1980s, spearheaded by activist judges who sought to make justice accessible to marginalised sections of society. This marked a shift from the traditional adversarial system of litigation, which often restricted access to courts to only those with a direct personal interest in a case.

WHO CAN FILE A PUBLIC INTEREST LITIGATION (PIL)?

Any individual can file a PIL either in his/her/their own standing that is to protect or enforce a right owed to him/her/them by the government or on behalf of a section of society who is disadvantaged or oppressed and is not able to enforce their own rights.

The concept of Locus Standi has been relaxed in the case of PILs so as to enable the Hon’ble High Court to look into grievances that are filed on behalf of those who are poor, illiterate, deprived or disabled and are unable to approach the courts themselves.

However, only a person acting in good faith and who has sufficient interest in the proceeding will have the locus standi to file a PIL. A person who approaches the Hon’ble Court for personal gain, private profit, political or any oblique consideration will not be entertained.

Suo moto cognizance may also be taken by the court.

WHERE CAN A PIL BE FILED?

PILs are extensions of Writ Jurisdiction. Therefore, PILs may be filed either before the Hon’ble High Court of India under Article 32[1] of the Indian Constitution or any High Court under Article 226[2] of the Indian Constitution.

LAWS GOVERNING PIL IN INDIA –

LANDMARK CASES –

The beginning of PILs:

  1. Hussainara Khatoon vs. State of Bihar (1979)[4]

This case marked the advent of PILs in India.

Facts:

Issues raised:

Judgements:

  1. P. Gupta vs. Union of India (1981)[5]

This case is also known as the “Judges’ transfer case” and expanded the concept of Locus Standi.

Facts:

Issues:

Judgements:

Expansion and recognition of PILs in India:

  1. Bandhua Mukti Morcha vs. Union of India (1984)[6]

This case highlighted the working conditions of the bonded labour.

Facts:

Issues:

Judgements:

  1. C. Mehta vs. Union of India (1986)[7]

This case is also known as the Oleum Gas leak.

Facts:

Issues:

Judgements:

CONCLUSION –

The history of Public Interest Litigation in India testifies to the dynamic and progressive nature of its judiciary. Since its inception in the late 1970s, PILs have blossomed into a powerful tool for delivering social justice, safeguarding fundamental rights, and redressing failures of governance and administration. By relaxing the traditional *locus standi* rules, the judiciary has ensured that the voiceless and marginalized find representation and justice within the legal framework. Landmark cases such as Hussainara Khatoon, Bandhua Mukti Morcha, and M.C. Mehta reflect how PILs have shaped India’s legal landscape and expanded the scope of constitutional rights. However, the history of PILs has not been without hurdles. Matters of judicial overreach, frivolous petitions, and misuse of PILs for personal or political motives raise questions about the credibility and efficacy of PILs. On the other hand, despite the vigilance with which courts have protected the public interest, a judicious approach is necessary in order to avoid diluting this rich legal tool.

In essence, PILs symbolize the commitment of the judiciary towards justice, equality, and the rule of law. As they continue to evolve, it is imperative to safeguard their integrity and ensure that they remain a medium for genuine public good, fostering a more just, equitable, and accountable society.

[1] Indian Constitution, Art. 32

[2] Notwithstanding anything in Article 32 every High Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose

[3] The decree or order passed by the supreme court is enforceable throughout the territory on India.

[4] Hussainara Khatoon vs. State of Bihar 1979 AIR1369, 1979 SCR (3) 532

[5] S.P. Gupta vs. Union of India (1981) AIR 1982 SC 149

[6] Bandhua Mukti Morcha vs. Union of India (1984)

[7] M.C. Mehta vs. Union of India 1986 AIR 965, 1986 SCR (1) 312


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