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PUBLIC INTEREST LITIGATION IN INDIA AND ITS ABUSES

Public Interest Litigation (PIL) has been one of the most significant developments in Indian jurisprudence. It emerged from realization of constitutional obligation of the judiciary towards weaker and marginalized sections of society.   Jurisdiction of the Supreme Court under Article 32 has been expanded by judicial interpretation to include PIL. 

Public Interest Litigation is different from other Writ Petitions filed under Article 32 in following aspects.

RELAXATION OF LOCUS STANDI

Locus Standi has been relaxed in case of Public Interest Litigation. Locus Standi means right of a person to approach the court.  Generally, a person having locus standi can only approach a court to seek a remedy.  The Supreme Court held in its landmark judgment S. P. Gupta Vs. Union of India (1981) Supp SCC 81 that rule of locus standi can be relaxed in cases of Public Interest. The Supreme Court observed that if Fundamental Rights of a person or class of persons are violated and such person or class of persons are unable to approach a High Court or the  Supreme Court because of poverty, helplessness, disability, or socially or economically disadvantageous position, any member of public can approach the High Court or the Supreme Court under Article 226 or Article 32 respectively for appropriate direction, order or writs.

A Court can refuse to entertain PIL if it is found that the PIL has been filed with private interest or was an abuse of process of the Court.

RELAXATION OF PROCEDURES

The Supreme Court has relaxed the procedures for filing PIL. In S P Gupta the Supreme Court held that even a letter addressed to the Court can be treated as PIL. The Supreme Court can also act suo motu on the basis of newspaper reports or  otherwise.  In Bandhua Mukti Morcha Vs Union of India (1984) 3 SCC 161 a letter was sent to Justice Bhagwati showing plight of bonded labourers, which was treated as PIL.

PIL NOT AN ADVERSARIAL LITIGATION

PIL is not as adversarial litigation. Once the Supreme is persuaded that the violation of Fundamental Rights have been brought in public interest, the Supreme Court makes inquiry as it deems necessary.

The Supreme Court generally appoints amicus curiae for assistance as the persons who has filed PIL may not be conversant with legal requirements. Amicus will be able to argue a case in proper legal and constitutional perspective.

The Supreme Court often appoints facts finding commissions in PIL matters. In Bandhua Mukti Morcha the Supreme Court appointed commissioners to inquire into plight of bonded labourers.

EVOLUTION OF PIL IN INDIA

The Supreme Court in State of Uttaranchal Vs Balwant Singh Chufal  2010 (3) SCC 402 has observed that PIL has developed in India in three phases. In the first phase  PIL dealt with protection of rights of weaker and marginalized sections of society who could not have approached the Supreme Court due to extreme poverty, illiteracy and ignorance.  In the second phase PIL dealt with ecology, environment and historical monuments. In the third phase PIL dealt with probity, transparency and integrity in governance.

ABUSE OF PIL

PIL has originated with laudatory objective to discharge constitutional obligation towards wider public interest. But PIL has been subject to abuses and in many instances has become “publicity litigation”. The Supreme Court noted abuse of PIL in State of Uttaranchal Vs Balwant Singh Chufal  2010 (3) SCC 402 and issued guidelines for streamlining PIL. It directed for curbing of  frivolous PILs. It directed High Courts to frame rules for bringing about uniformity in dealing with PIL. Credentials of petitioner has to be checked. The Court has to ensure that substantial public interest is involved. The Court has to ensure that there is no personal motive, oblique motive or personal gain behind filing of the PIL. Petitions filed with ulterior motive or oblique motive have to be discouraged by imposing exemplary cost.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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