Public Interest Litigation

 A Supreme Court judge expressed concerns about the misuse of Public Interest Litigation (PIL), noting that such misuse has been undermining its effectiveness as a tool for social justice.

About Public Interest Litigation (PIL)

Definition: PIL refers to legal cases filed by parties who may not have a direct grievance (i.e., without 'locus standi') but seek to protect the public interest.

Key Features:

• It is also referred to as Social Interest Litigation.
• The concept is inspired by American jurisprudence.
• PIL is not defined by any specific statute or act; instead, it is a judicial tool created by the courts through judicial activism.
• The Supreme Court and High Courts have the authority to admit PILs under Articles 32 and 226, respectively.

Genesis:

• The principle of relaxing locus standi was first introduced in the case Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai (1976).
• The first reported PIL case was Hussainara Khatoon vs. State of Bihar (1979).
• Justices P N Bhagwati and V R Krishna Iyer were pioneers in admitting PILs.
• Justice P N Bhagwati is often regarded as the "father of public interest litigation" in India.

Tool for Social Justice: PILs have resulted in landmark rulings, such as the Triple Talaq case, allowing women to enter the Haji Ali shrine, and legalizing consensual homosexual relations.

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