Public Interest Litigation (PIL) is referred to as a litigation filed in a court of law for the protection of Public Interest.
PILs address matters that affect the interest of the people at large such as pollution, water conservation, road safety, waste management etc. It is the power given to the public through judicial activism.
However, the person/group filing the petition must convince the judiciary that the petition is meant for the public interest or welfare only.
Background:
The term ‘Public Interest Litigation’ has been borrowed from the American legal system, where it was brought in to provide legal representation to the unrepresented groups such as the poor, racial minorities, citizens who were passionate about environmental issues, etc.
It was introduced by Justice Justice P.N. Bhagawati “S.P. Gupta vs. Union of India”.
It is important to note that PIL has not been defined in any statute or act but is interpreted by the judges to consider the intent of the public at large.
Importance of PIL-
The main aim of PIL is to allow the common people to attain justice through free access to the courts.
It is an important tool for social change to maintain a balance between law and justice.
It is an important part of the system of judicial review and judicial activism
Loopholes in the system of PIL-
It may give rise to the problem of competing rights. For an instance, when a court shuts down a factory due to increased pollution, the interests of the workmen and their families who are deprived of their livelihood may not be taken into account by the court.
Cases of judicial overreach by the judiciary may occur while solving such socio-economic or environmental problems.
Comments