PIL Full Form: What Is Public Interest Litigation?
PIL Full Form: What Is Public Interest Litigation?
Concept of PIL
The rule of locus standi have been relaxed and a person acting bonafide and
having sufficient interest in the proceeding of Public Interest Litigation will
alone have a locus standi and can approach the court to wipe out violation of
fundamental rights and genuine infraction of statutory provisions, but not for
personal gain or private profit or political motive or any oblique consideration.
The Supreme Court in Indian Banks' Association, Bombay and ors v. M/s
Devkala Consultancy Service and Ors., held that In an appropriate case, where
the petitioner might have moved a court in her private interest and for
redressal of the personal grievance, the court in furtherance of Public Interest
may treat it a necessity to enquire into the state of affairs of the subject of
litigation in the interest of justice. Thus a private interest case can also be
treated as public interest case.
In Guruvayur Devaswom Managing Commit. And Anr. v. C.K. Rajan and Ors,
the Supreme Court held, The Courts exercising their power of judicial review
found to its dismay that the poorest of the poor, depraved, the illiterate, the
urban and rural unorganized labour sector, women, children, handicapped by
'ignorance, indigence and illiteracy' and other down trodden have either no
access to justice or had been denied justice. A new branch of proceedings
known as 'Social Interest Litigation' or 'Public Interest Litigation' was evolved
with a view to render complete justice to the aforementioned classes of
persona. It expanded its wings in course of time. The Courts in pro bono
publico granted relief to the inmates of the prisons, provided legal aid, directed
speedy trial, maintenance of human dignity and covered several other areas.
Representative actions, pro bono publico and test litigations were entertained
in keeping with the current accent on justice to the common man and a
necessary disincentive to those who wish to by pass the, real issues on the
merits by suspect reliance on peripheral procedural shortcomings… Pro bono
publico constituted a significant state in the present day judicial system.
They, however, provided the dockets with much greater responsibility for
rendering the concept of justice available to the disadvantaged sections of the
society. Public interest litigation has come to stay and its necessity cannot be
overemphasized. The courts evolved a jurisprudence of compassion.
Procedural propriety was to move over giving place to substantive concerns of
the deprivation of rights. The rule of locus standi was diluted. The Court in
place of disinterested and dispassionate adjudicator became active participant
in the dispensation of justice.