24 dec 2011
Public Interest Litigation (PIL) was a recognition and extension of the loosening of the strict rule of locus standi in the seventies to allow even a stranger to the proceedings to participate if he could demonstrate a substantial and genuine public interest. It reflects an evolution from the adversarial system to a new class of litigation. This power has now been extended successfully to exercise powers of the high courts in their jurisdiction under Article 226 to enforce, "legal and other rights" besides "fundamental rights".
In a vibrant democracy that India is, the Supreme Court by extensive interventions through PILs over the last three decades has achieved with remarkable success the fundamental objectives of first extending to people, particularly that class which remains deprived of means to seek justice; social, economic and political, and protected their human and fundamental rights. Second, maintaining strong but balanced checks and balances over the executive and the legislature in areas where they failed to enforce justice, liberty, equality and fraternity.
Examples of the exercise of this power show the panoramic scope of such jurisprudence including blood banks, interim relief for the Bhopal gas tragedy victims, pollution control, the framing of coastal zone regulations, noise pollution, child prostitution, human rights violations in Punjab among several others.
In a recent decision in State of Uttaranchal vs Balwant Singh Chaufal case, Justice Dalveer Bhandari speaking for the Supreme Court divided the development of PIL in three phases. Phase I dealt with the protection of fundamental rights under Article 21 of marginalised groups and sections of the society who because of extreme poverty, illiteracy and ignorance could not approach the courts. Phase II dealt with protection and preservation of the environment and the ecology, while Phase III deals with issuance of directions for maintenance of probity, transparency and integrity in governance. While Phase I and II appear to have achieved the first objective, Phase III is directed to secure the second objective.
Poverty, illiteracy and exploitation are widespread despite economic progress. The legal and political rights of millions remain on paper. The biggest challenge facing the nation is deficit in governance resulting in the concentration of material resources in the hands of a few. Emergence of Maoism is a clear indication of the failure of the system to deliver.
PIL is, therefore, a weapon which has to be used continuously but at the same time selectively as the provisions at times get abused by those with vested interests like political and business rivals, misguided social activists, ngos, disgruntled government employees and citizens. Consequently, this revolutionary idea at times becomes self-defeating. Courts are unable to see through such attempts. However, this cannot and ought not undermine the benefits of PILs. This variety of juriprudence is here to stay and flourish.
'PILs are weapon of mass instruction'
The PIL has delivered social, economic and political justice to deprived sections. It's here to stay.
Public Interest Litigation (PIL) was a recognition and extension of the loosening of the strict rule of locus standi in the seventies to allow even a stranger to the proceedings to participate if he could demonstrate a substantial and genuine public interest. It reflects an evolution from the adversarial system to a new class of litigation. This power has now been extended successfully to exercise powers of the high courts in their jurisdiction under Article 226 to enforce, "legal and other rights" besides "fundamental rights".
In a vibrant democracy that India is, the Supreme Court by extensive interventions through PILs over the last three decades has achieved with remarkable success the fundamental objectives of first extending to people, particularly that class which remains deprived of means to seek justice; social, economic and political, and protected their human and fundamental rights. Second, maintaining strong but balanced checks and balances over the executive and the legislature in areas where they failed to enforce justice, liberty, equality and fraternity.
Examples of the exercise of this power show the panoramic scope of such jurisprudence including blood banks, interim relief for the Bhopal gas tragedy victims, pollution control, the framing of coastal zone regulations, noise pollution, child prostitution, human rights violations in Punjab among several others.
In a recent decision in State of Uttaranchal vs Balwant Singh Chaufal case, Justice Dalveer Bhandari speaking for the Supreme Court divided the development of PIL in three phases. Phase I dealt with the protection of fundamental rights under Article 21 of marginalised groups and sections of the society who because of extreme poverty, illiteracy and ignorance could not approach the courts. Phase II dealt with protection and preservation of the environment and the ecology, while Phase III deals with issuance of directions for maintenance of probity, transparency and integrity in governance. While Phase I and II appear to have achieved the first objective, Phase III is directed to secure the second objective.
Poverty, illiteracy and exploitation are widespread despite economic progress. The legal and political rights of millions remain on paper. The biggest challenge facing the nation is deficit in governance resulting in the concentration of material resources in the hands of a few. Emergence of Maoism is a clear indication of the failure of the system to deliver.
PIL is, therefore, a weapon which has to be used continuously but at the same time selectively as the provisions at times get abused by those with vested interests like political and business rivals, misguided social activists, ngos, disgruntled government employees and citizens. Consequently, this revolutionary idea at times becomes self-defeating. Courts are unable to see through such attempts. However, this cannot and ought not undermine the benefits of PILs. This variety of juriprudence is here to stay and flourish.
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