Explained: What Is Public Interest Litigation (PIL) And Who Can File It Against Whom?

The Supreme Court noted that Public Interest Litigations (PILs) can become an "instrument of blackmail" to target infrastructure projects.

A bench led by Chief Justice of India DY Chandrachud observed that while hearing an appeal by NGO Sarthi Seva Sangh challenging the HC's September order imposing the fine. The supreme court also agreed with the HC's order to the NGO to pay the fine to Tata Memorial Hospital in Parel, Mumbai, within two weeks.

¡°PILs could become an instrument of blackmail when it is an issue of an infrastructure project. This actually makes a plank to target such projects. The high court has actually smelled a rat here. This is happening across Delhi, Mumbai, etc,¡± the CJI observed.

Pixabay/Representational Image

What is Public Interest Litigation (PIL)?

A legal action brought in a court of law for the enforcement of a public interest in which the general public or a class of the community has some interest and which may have an effect on their legal rights or responsibilities is known as public interest litigation (PIL).

American law was the source of the term "public interest litigation," which was intended to provide legal representation to previously unrepresented groups such as the disadvantaged, members of racial minorities, unorganized consumers, and individuals who were enthusiastic about environmental issues, among others.

There is no statute or act that defines public interest litigation. Judges have interpreted it to take into account the public's intent. Judicial activism grants the public power through PIL. However, the petitioner must prove to the court's satisfaction that the petition is being filed in the public interest and not as a frivolous litigation by a busybody. The court may take cognizance of the matter and proceed suo motu, or any public-spirited individual may file a petition.

What was the case?

In opposition to the redevelopment of a plot at Worli, the NGO Sarthi Seva Sangh filed a petition with the HC. According to the allegations made in its PIL, the Brihanmumbai Municipal Corporation (BMC) had improperly granted additional Floor Space Index (FSI) for the plot on which a commercial building had been constructed.

The NGO claimed that one of the goals stipulated in its Memorandum of Association (MoA) was to promote ecology to support its position as a petitioner. However, after reading the MoA, the HC discovered that the petitioner had no connection to ecology preservation.

Unsplash/Representational Image

The HC also said that members of the NGO and the office bearers lived in Bandra and Kurla, while the plot in question was in Worli. The HC also made the observation that the petitioner had only targeted one building, despite a large number of illegal structures in Mumbai. Additionally, a PIL challenging the same redevelopment project was filed in 2017, but it was withdrawn in 2019.

In its appeal to the Supreme Court, the non-profit organization argued that the HC "grossly ignored" its own PIL rules, which permit the filing of a petition to safeguard "public law interest," which would include a violation of "planning law." If a petition is filed in the public interest, the petitioner's locus standi is not required to be disclosed.

The SC, on the other hand, agreed with the HC and thought that the PIL's idea was to target the project, as the HC had suspected.

Who Can File a PIL?

Under Article 32 of the Indian Constitution, in the supreme court, Article 226 in the High Court, and section 133 of the Criminal Procedure Code in the magistrate court, any citizen can file a public case by filing a petition.

However, as the letter is addressed by the aggrieved person, a public-spirited individual, and a social action group for the enforcement of legal or Constitutional rights to any person who is unable to approach the court for redress, the court must be satisfied that the Writ petition fulfills some basic requirements for PIL.

A PIL can only be brought against the Central, state, or municipal governments and not against any individual. The Governmental and Parliament of India, each State's Government and Legislature, and all local or other authorities within the territory of India or under the control of the Government of India are all included in the definition of a state.

Pexels/Representational Image

Importance of PIL

The objective of PIL is to provide common people with access to the courts in order to seek redress in legal matters. It is a crucial tool for social change, upholding the rule of law, and accelerating the attainment of justice and law.

The original goal of PILs was to make justice available to the underprivileged and marginalized. It is a crucial instrument for bringing human rights to those who have been denied them. It makes justice more accessible to everyone. Anyone who is competent can sign petitions on behalf of those who are unable to do so or do not have the means to do so.

It is a crucial instrument for putting the idea of judicial review into practice. The establishment of PILs guarantees increased public participation in the judicial review of administrative actions.

How does it originate?

In the case of Mumbai Kamagar Sabha vs. Abdul Thai case, 1976, Justice Krishna Iyer laid the groundwork for the concept of public interest litigation in India.

Hussainara Khatoon vs. State of Bihar (1979), which focused on the inhumane conditions of prisons and under-trial prisoners and resulted in the release of more than 40,000 under-trial prisoners, was the first PIL case to be reported. These prisoners had been denied the fundamental right to speedy justice.

For more on explainers, news, and current affairs from around the world, please visit Indiatimes News.