The Indian judicial system has picked up the concept of Public Interest Litigation from American jurisprudence.
You must have often read in the newspapers about people filing Public Interest Litigation (PIL) in the court of law. However, do you know what it is?
PIL
PIL is a legal action filed in a court of law for the enforcement of a public interest. Justice Bhagwati launched the concept of a PIL by relaxing the locus standi (legal capacity to sue or approach courts) rule in 1980. Earlier, only those who were injured by an action could approach the courts.
The Indian judicial system has picked up the concept of public interest litigation from American jurisprudence.
First PIL
The earliest PIL was filed by G. Vasantha Pai several decades ago in the Madras High Court against its sitting Chief Justice S. Ramachandra lyer over his age discrepancy. It was found that the judge had forged his birth date to avoid compulsory retirement at the age of 60.
In the early years, PIL was used to get justice on issues such as rescuing bonded labourers from inhuman work conditions and securing the release of prisoners in Bihar who were kept in jail even after their punishment term was complete
Filing PIL
Any Indian citizen can file a PIL. The issue regarding the PIL is not restricted to any specific list or subject. The only condition that validates a PIL is that the issue being raised should bear significant public interest and not for private gain alone.
The PILS can comprise subjects such as environment, human rights, road safety, exploitation, and atrocities of different kinds.
However, the heavy flow of PILS has led to a greater clogging of the courts that leads to pushing traditional litigation to more delays. Such PILS threaten the entire judicial structure.
Picture Credit : Google
