Context: Public Interest Litigation
A growing concern that Public Interest Litigation (PIL)—once a tool for social justice—is increasingly misused, raising the need to redefine its scope and safeguards.
Public Interest Litigation (PIL) – Basics
- Definition: Litigation filed in public interest to protect rights of groups unable to approach courts themselves
- Core feature: Relaxation of locus standi → any public-spirited person can file
Constitutional basis
- Article 32 – Supreme Court
- Article 226 – High Courts
Origin
Late 1970s–80s (post-Emergency judicial activism)
Key Cases
- Hussainara Khatoon (1979) → access to justice, undertrial rights
- S.P. Gupta (1981) → liberal locus standi
- M.C. Mehta cases → environmental PIL
- T.N. Godavarman → continuing mandamus in forest governance
Problems with PIL
- Frivolous / “Ambush PILs” → publicity, political motives
- Judicial overreach → courts entering policy domain
- Complex governance issues → beyond judicial expertise
- Stakeholder exclusion → affected parties not heard
- Procedural dilution → excessive reliance on amicus curiae
- Weak enforcement → poor compliance with court orders
Suggested Reforms
- Strict screening of PILs at admission stage
- Limit scope to rights violations, not policy-making
- Guidelines for amicus curiae and petition standards
- Ensure stakeholder participation
- Impose costs on frivolous PILs
- Strengthen compliance mechanisms without replacing executive
