Introduction
Public Interest Litigation (PIL) is a unique legal tool in Indian law. It therefore allows individuals or groups to approach the court on behalf of those whose rights have been violated but who cannot represent themselves. As a result, PIL ensures justice is accessible, especially for marginalized communities.
What is Public Interest Litigation?
PIL is focused on public interest. It seeks to protect the rights of those who face social or economic disadvantages. Rather than the affected party filing a case, PIL empowers anyone to bring the issue to court, even if they are not directly involved. This includes situations where fundamental rights are violated or legal provisions are breached.
Legal Basis for PIL: Articles 32 and 226
PIL can be filed under Article 32 in the Supreme Court or Article 226 in any High Court. As a result, the judiciary can take action when fundamental rights are violated. In this way, the process ensures that even the most vulnerable can access justice, regardless of their financial or social standing.
Also Read: Right To Constitutional Remedies Article (32 – 25)
Notable Case Laws on PIL
Several key cases have shaped PIL in India:
Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India (1981)
The Supreme Court allowed an unregistered association to file a PIL under Article 32. This case highlighted that even informal groups can seek justice through PIL.
S.P. Gupta v. President of India (1982)
This case expanded PIL, allowing anyone with a “sufficient interest” to approach the court for others’ legal rights. It emphasized the role of PIL in addressing public concerns.
Bandhua Mukti Morcha v. Union of India (1984)
The court intervened to release bonded labourers. This case demonstrated how PIL can make human rights meaningful for vulnerable communities.
Balco Employees’ Union (Regd) v. Union of India (2001)
The court reminded that PIL should only be entertained for clear violations of Article 21 (right to life and liberty) or human rights. The focus is always on benefiting the poor and underprivileged.
How PIL Protects Rights
PIL holds governments, corporations, and institutions accountable. It ensures that the legal system is accessible to all citizens, not just the wealthy. Cases involving environmental issues, workers’ rights, and human rights violations have all been addressed through PIL.
Conclsuion
PIL is about more than individual rights. It’s about public welfare and justice for society as a whole. It keeps the judiciary open to everyone, especially the weaker sections of society. Whether it’s environmental protection or public health, PIL ensures the rule of law benefits all.
FAQs:
Who can file a Public Interest Litigation (PIL)?
Anyone with sufficient interest in a matter of public concern can file a PIL. The petitioner does not need to be directly affected by the issue.
What can PIL address?
PIL can tackle human rights violations, environmental issues, and constitutional breaches. It is used to benefit marginalized communities or the public.
How is PIL different from regular cases?
In regular cases, the affected party must file the case. In PIL, anyone can file on behalf of others, especially those who cannot represent themselves.
Also Read: Right To Property in Constitution
Reference: cleartax.in
