“ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”
AUTHOR – MR. SHARMA RAJIV, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY), PUNE LAVASA CAMPUS – ‘THE HUB OF ANALYTICS’
BEST CITATION – MR. SHARMA RAJIV, “ANALYSIS OF THE ROLE OF PUBLIC INTEREST LITIGATION (PIL) IN ENSURING JUSTICE IN INDIA”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 814-826, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Public Interest Litigation (PIL) has turned into a revolutionary judicial development in India Which provided legal remedies to the deprived sections of the society, has protected the constitutionally enshrined fundamental rights, has helped in establishing accountability of governments. Developed originally in the last quarter of the twentieth century with the help of two Supreme Court Judges P.N. Bhagwati and V.R. Krishna Iyer, PIL recast the conventional concepts of ‘locus standi’ and made easier for vast cross section of society to seek justice. The constitutional provisions provided under Article 32, 226 and the under Art. 21 of the Consti. has enabled the courts to deliver path breaking judgements for socio-economic justice for citizens, environmental issues and structural discrimination.
Landmark cases that are examples of the PIL are Hussainara Khatoon[1] on Speedy Trial, Vishakha on Sexual Assault at the workplace of the Govt. and Non-government institutions, M.C. Mehta vs. UOI on protection of environment. PIL has its draw-backs, which involves abuse, filing of deliberate applications and judicial overtones which could compromise the judiciary’s authority or an invasion of legislative or executive arm of government. PIL filings compound the problem of congestion in the judicial system and more focus on the requirement for procedural measures and organizational changes.
This paper assesses the legal Framework and socio-political implications of PIL and the areas of improvement, such as screening processes, compliance with legal guidelines, and overall infrastructure, for its improvement. There Should be Proper middle ground between judicial activism and judicial ultra vires to retain PIL as a mechanism of justice with regard to its enforcement of the Constitution, Equality, Responsibility, and Governance.
Key Words: Public Interest Litigation, Judicial efficiency, Judicial overreach, Separation of powers, Misuse.
[1] Hussainara Khatoon v. State of Bihar, 1979 AIR 1369.