QUE: Public interest litigation is a special gift of the judiciary which protects the rights of the common people.- Discuss..

Public Interest Litigation (PIL) is a tool for using law to promote human rights, judicial equality and raise issues of public interest. PIL was introduced in India in the 1980s by Justices S. Krishna Iyer and P.N. Bhagwati.

• Role of PIL in protecting the rights of the common people

→ PIL makes the other two organs of the government aware of their responsibilities and functions and brings about resolution of important issues of public interest.

→ PIL becomes beneficial for the poor, deprived and weaker sections who are otherwise unable to protect their interests before the executive.

→ It is an effective means of realizing Article-39(A) (Provision of equal justice and legal aid to the poor) of the Indian Constitution.

→ PIL provides an opportunity for empowerment and development of the disabled, women and disadvantaged communities.

→ Important landmark judgments have been given by the Court using PIL. For example, M. C. Mehta v. Government of India (1987): related to the prevention of Ganga water demonstration and Vishakha v. State of Rajasthan (1997): related to providing safety to women at work place.

→ Thus, PIL has played an important role in protecting fundamental rights and embodying the spirit of the Constitution. However, it has some limitations.

Challenges to PIL and its limitations

• Against the principle of separation of powers of the Indian Constitution:

→ The Indian Constitution envisages that the legislature, executive and judiciary should not interfere in each other’s functions.

→ E.g. Article-50 directs the separation of the judiciary from public services.

• Caseload in Judiciary:

→ According to the National Judicial Data Grid (NIDG), there are 47 million cases pending in various courts in India. Moreover, it is increasing due to misuse of PIL.

• Lack of technical knowledge:

→ Some PILs require technical knowledge to hear. Which is lacking in judges. Due to this, the matter becomes more complicated instead of improving.

• Obstacle in the pace of development:

→ PILs are used to delay development related activities. Like the PIL related to the development of Jagannath Temple (Puri) complex

→ Despite the above limitations, PIL is proving to be an important means of ensuring inclusive justice in India and making the legislature and the executive accountable. Hence, the following steps need to be implemented to make it stronger.

• Strengthening measures

→ The guidelines given by the SC in Balwantsinh Chaufal vs. State of Uttarakhand regarding maintaining the purity and sanctity of PIL should be followed.

→ PILs related to exploited and deprived communities should be disposed of in a timely manner so as to enhance social development.

→ There should be a system of penalties for filing PILs without detailed research and in a wrong manner so that it is not misused.