Manik Gupta
The word Public Interest in the Public Interest Litigation itself suggests that, it is a litigation meant for the welfare of the people. But one may ask, out of all the litigations that arise in the Court of Law, every cause of action that arises in the Courts are some how meant for addressing the grievance of the people, if not at large, then at least at an individual level. So what is it in the public interest litigation that makes it different from the ordinary litigation, that is meant for the redressal of the public grievances. Well to start with, we need to first understand the meaning and concept of public interest litigation. A public interest litigation is any litigation that is filed in the larger public interest, and does not necessitate any personal interest of an individual. It is just like an ordinary writ petition in which the petitioner invokes the writ jurisdiction of the High Court or the Supreme Court for that matter, but the essential difference is that it is necessitated out of public grievance at large, rather than a particular individual.
In a public interest litigation, two things are important to be looked at. First is that it must reflect the violation of a fundamental right, enshrined in the part 3 of Indian constitution. Secondly this violation, must be done by the state, or any of its agency or any other instrumentality of state, that comes within the definition of state within article 12 of Indian constitution. Once these two aspects are satisfied, any person can bring in a PIL petition in the court. But the most important aspect that remains and needs to be seen is that such litigation should show that this petition is not arising out of some personal interest and that the subject matter of the petition involves a substantial question of the violation of fundamental rights which affect the society at large. This aspect of the PIL petitions usually make it different than the other writ petitions, which arise out of the violation of an individual’s fundamental right. More over these PIL petitions can really work wonders to curb the unwarranted powers of the Government as and when required. It is also a medium of check imposed on the governments to let them know that, we people live in a democracy and not in a tyranny. PIL gives the locus standii, to any individual, who feels that people of a particular class or sect are feeling oppression and violation at the hands of state. An individual has a right to be heard complying with the requirements of the filing of a PIL petition. But in today’s scenario, where there is so much of corruption built up all around and the government’s being dazzled with the arbitrary usage of its immense powers, where people on one hand feel that these public interest petitions will prevent them from various malpractices adopted against them, the real picture is quite different. In reality, one feels disappointed coming at par with the complicacy involved in filing the PIL petition. Its really sad when one realizes that one has to go through such a lengthy procedure for filing a petition, which on the face of it is for the betterment of the people at large. The latest amended writ proceeding rules of 2011, gives a long list of procedural formalities that need to be amalgamated before filing any PIL petition. Where in the atmosphere of scandals and corruption all around, people have a relief in the form of a PIL petition, at the same time, the procedure for bringing in a PIL petition has been made so difficult that an ordinary and common man fears bringing in these petitions, considering the enormous procedural formalities. I think it is high time that the Government should take appropriate steps to relax these enormous formalities, that are imposed, specially in a PIL petition. There have been instances where the courts have treated a single letter as a PIL petition. At various other occasions a post card has been considered as a PIL petition. It is this spirit that supports the concept of PIL, because it makes it possible for an ordinary man to reach the court of highest authority in the country, and seek the redressal for the people’s grievance at large. Am proud to say that being a Lawyer and a member of Bar Association of Jammu and Kashmir, our High Court of Jammu and Kashmir, is following the foot steps of the Supreme Court in this regard. Just a few days back, the Division Bench of Jammu and Kashmir, comprising of Justice J P Singh and Chief Justice M Mittal, initiated a suo motto PIL petition considering the price rise in the gas cylinders. All this was done to promote the welfare of people and also to protect the legitimate interest of the people at large. I am just glad that, where on one hand the Government is making it harder for an ordinary man to reach the courts, there are few good men in the Judiciary of the State of Jammu and Kashmir who are still working towards giving Justice to those people who find it difficult to come to the courts because of various procedural hiccup’s. These are the few people, that prove that yes, concept of PIL could be a boon for people…..
(The author is an Advocate)
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