PIL Public Interest Litigation

Also SAL - Social Action Litigation, SIL- Social Interest Litigation, CAL - Class Action Litigation

Background

Introduced in early 1980 and the pioneers are Justice Bhagawati and Justice Krishna Iyer
On lines of social interest litigation in USA

Principle

Traditional rule of locus standi is that only that person whose rights are infringed alone can move the court for the remedies
But the PIL is exception to this traditional rule
Under PIL, any public-spirited citizen or a social organization can move the court for enforcement of rights of any person or group of persons who because of poverty or ignorance or socially or economically disadvantaged position are themselves unable to approach court for remedies
Authority

Under Article 32, Right to Constitutional remedies and under Article 226, Power of High Courts to issue certain writs for the enforcement of any of the rights conferred by Part III , courts are constitutionally bound to protect fundamental rights of disadvantaged people

PILs can be filed either in the High Court or in the Supreme Court.
Ordinarily the High Court should not entertain a writ petition by way of PIL questioning the constitutionality or validity of a statute or a statutory rule
PIL vs Writ

The writ petition is filed by individuals or institutions for their own benefit, while public interest litigation is filed for the benefit of the general public.

Definition

SC defined PIL as a

"legal action initiated in a court of law for enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected"

Objectives

Vindication (justification, right) of ru le of law
Facilitating effective access to justice to the socially and economically weaker sections of the society
Meaningful realization of fundamental rights

Features

Representative PIL (on behalf of victimised people) and Citizenry PIL (on behalf of citizen as a whole)

These days Citizenry PIL dominating . More and more rights are adding to fundamental rights

PIL is being perceived as product of Judicial Activism of SC and is not defined in the statute

Guidelines for admitting PIL

Courts should prima facie verify the credentials of petitioner and correctness of contents of petition before entertaining the PIL
Courts should be fully satisfied that substantial public interest is involved before entertaining the petition
Courts discourage extraneous and ulterior motives of petitioners by imposing exemplary costs or adopting similar novel methods to curb frivolous petitions

Scope

SC observed that

"PIL is not a pill or panacea for all wrongs. It was essentially meant to protect basic human rights of the weak and the disadvantaged and was a procedure which was innovated where a public-spirited person files a petition in effect on behalf of such persons who on account of poverty, helplessness or economic and social disabilities could not approach court for relief"

Following categories alone will ordinarily be entertained as PIL

Bonded labour matters
Neglected children
Non-payment of minimum wages, exploitation, violation of labour laws (Except in individual cases)
Petitions from jails complaining of harassment, for pre-mature release and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, speedy trial as fundamental right
Against police for refusing to register a case, harassment by police, death in police custody
Against atrocities on women in particular harassment of bride, bride-burning, rape, murder, kidnapping etc.
Harassment or torture of villages by co-villagers or by police on SC/ST/Economically backward classes
Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance
Petition from riot-victims

Family pension

Cases falling below will not be entertained as PIL

Landlord-tenant matters
Service matter and those pertaining to Pension and Gratuity. [Note: Family pension comes under PIL]

Complaints against Central/State/Local Govts except those relating to categories falling under PIL

Admission to medical and other education institutions

Petitions for early hearing of cases pending in High courts and subordinate courts

National Legal Services Authority (NALSA)

Basis

Article 39A provides for free legal aid to the poor and weaker sections of the society and ensures Justice for all
Accordingly, Legal Services Authority Act was passed in 1987 which came in to force in 1995 to establish a nationwide uniform network for providing free and competent legal services to weaker sections (NOT UNIVERSAL)
Under Legal Services Authorities Act, National Legal Services Authority has been constituted to monitor and evaluation of legal aid programmes and lay down principles and policies for making legal services available under the act
Also,

NALSA - overall country
State Legal Service Authority - overall state
District Legal Service Authority - overall district
SC Legal Service Committee - deals only SC
HC Legal Service Committee - deals only HC
Taluk Legal Service Committee - overall Taluk

Features

Statutory ,Legal Services Authorities Act, 1987
Chief Justice of India is the Patron-in-Chief
Serving or retired judge of SC nominated by President in consultation with CJI is the Executive Chairman of the Authority.
Objective:

to provide free and competent legal services to the weaker sections of the society
to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities,
to organize Lok Adalats for amicable settlement of disputes
spreading legal literacy and awareness, undertaking social justice litigations etc.

Eligible persons for availing free legal services

(NOT UNIVERSAL)

Women and Children
Members of SC/ST
Industrial Workmen
Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster,
Victims of traffic in human beings, begar
Disabled persons
Persons in custody
Persons whose annual income does not exceed 1 lakh

NALSA lays down the policies, principles, guidelines and frames effective and economic schemes for State Legal Services Authorities to implement Legal Services Programmes throughout the country

PIL & NALSA