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Area: Law, Human rights, Criminal law, Civil Law, Constitutional Law, and Jurisprudence etc.
MISUSE OF PUBLIC INTEREST LITIGATION: A CRITICAL STUDY AS
HOW IT IS A MAJOR THREAT TO JUDICIARY
Dr. Ganesh Dubey, (H.O.D.)
Institute of Law (SOS), Jiwaji University, Gwalior, M.p. (India)
ORCID: https://orcid.org/0000-0003-2395-2402
Email: dr.ganeshdubey27@gmail.com
Niharika Vyas, (Research Scholar)
Jiwaji University, Gwalior, M.p. (India)
ORCID: https://orcid.org/0000-0002-6933-8996
Email: niharikavyas97@gmail.com
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DOI: https://doi.org/10.53724/lrd/v6n1.05
ISSN: 2456-3870
Vol. 6, Issue-I, Sep. 2021
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Misuse of Public Interest Litigation: A Critical Study As How It Is A Major Threat To Judiciary
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Legal Research Development: An International Refereed e-Journal
ISSN: 2456-3870
Vol.6, Issue-I, Sep. 2021
Published on: 30th Sep. 2021
MISUSE OF PUBLIC INTEREST LITIGATION: A CRITICAL STUDY AS
HOW IT IS A MAJOR THREAT TO JUDICIARY
Dr. Ganesh Dubey, (H.O.D.)
Institute of Law (SOS), Jiwaji University, Gwalior, M.p. (India)
ORCID: https://orcid.org/0000-0002-6933-8996
Email: dr.ganeshdubey27@gmail.com
Niharika Vyas, (Research Scholar)
Jiwaji University, Gwalior, M.p. (India)
ORCID: https://orcid.org/0000-0002-6933-8996
Email: niharikavyas97@gmail.com
Abstract:
Regardless of how much advancement PILs have brought to the Indian Judicial framework, we can't
unseen the other side of the coin at any expense as PILs are being mishandled a great deal these days
alongside its broad and manhandled use. They have brought different traps and downsides as well.
Thusly, to keep away from such instances of maltreatment of the PILs, the high court itself set out a
definite rule that will be utilized to administer the administration and removal of the PILs. Numerous PIL
activists in India have been utilizing the PILs as a helpful apparatus for pestering the legal framework.
Since recording PILs is a modest cycle, numerous unimportant cases are being documented with no
speculation of heavy court charges which one would typically pay for common prosecution cases.
Subsequently, by recording such cases, bargains are haggled to get cash for the said bothered party to get
the PILs. The basic clarification for such cases is that any weapon that can be utilized to safeguard oneself
can likewise be utilized to assault somebody. Utilizing a similar rationale, one can bring down the Locus
Standi prerequisites which license the inspired gatherings to record PILs which could address a public
interest matter.
Keywords: Public interest litigation, Activism, courts public interest.
Introduction
One of the overall points of law and general sets of laws has been to accomplish equity in the general
public and public interest litigation (PIL) has end up being an important device in achieving this goal. For
instance, PIL — in which the attention isn't on vindicating private rights yet on issue of overall population
interest. The source of Public Interest Litigation in India can be outlined back to the efforts of Justice P.
Bhagwati and Justice Iyer.
1
A news report which discussed the difficulties looked by under trial detainees
in Bihar who needed to go through years in prison without being penalized trapped the Eye of a lawyer
who then Filed a Petition in the Supreme Court to defend these under trial Prisoner. This Case, Hussainara
khatoon v. State of Bihar (1979)
2
, became the first PIL to be heard. In 1980, the case of Sunil batra v.
1
Monika Sangeeta Ahuja: Public Interest Litigation In India; A Socio-Legal Study: http://etheses.lse.ac.uk/1417/1/U084680.pdf Visited on
20th Sep. 2021
2
1979 AIR 1369, 1979 SCR (3) 532
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Delhi administration
3
was taken up, in which an inmate by the Justice Iyer, complaining about physical
torture of Prisoner in Tihar.
Public Interest Litigation
The expression ‗Public interest Litigation‘ identifies with the very term ‗Public Interest. By and large, the
suit by somebody for the interest of the general population is the Public Interest Litigation. It doesn't
imply that simple an outsider can move to court for a Public Interest case and that is the reason it is a
cutting need to characterize ‗Public Interest‘.
In Stround‘s Judicial Dictionary, ‗Public Interest‘ is characterized as, ‗an issue of public or general
interest doesn‘t imply what is intriguing as satisfying interest or an adoration for data or delight; however,
that wherein a class of the local area have a financial interest, or some interest by which their lawful rights
or liabilities are influenced‘.
A lot more extensive definition has been given by the American Bar Association as well.
Abuse of PIL:
In any case, the improvement of PIL
4
has additionally uncovered its entanglements and downsides.
Accordingly, the peak court itself has been constrained to set out specific rules to administer the
administration and removal of PILs. What's more, the maltreatment of PIL is likewise expanding
alongside its drawn out and complex use.
Of late, a considerable lot of the PIL activists in the nation have discovered the PIL as a helpful apparatus
of badgering since pointless cases could be documented without speculation of weighty court expenses as
needed in private common case and arrangements could then be bargained with the casualties of stay
orders got in the supposed PILs.
Similarly as a weapon implied for protection can be utilized similarly adequately for offense, the
transporting down of the locus standi prerequisite has permitted secretly propelled interests to turn like
public interests. The maltreatment of PIL has gotten more widespread than its utilization and certified
causes either retreated to the foundation or started to be seen with the doubt created by fake causes
mooted by secretly roused interests in the camouflage of the purported public interests.
Public Interest Litigation: Is The Judiciary Outplaying?
An antiquated perspective on lawful rights holds that generally friendly and financial issue don‘t include
specialized right since they require positive action, not simply limit, and have no single, recognizable
responsibility holder. Positive commitments, besides, involve huge consumptions that are the domain of
different parts of government. Courts, hence, should avoid the social, monetary, and natural worry at the
core of PIL. More contemporary perspectives hold that ―for their satisfaction all rights require limitation,
assurance, and help from the substance from whom rights are guaranteed, and that a sensibly compelling
and very much subsidized state is a sine qua non for all rights.‖
The vast majority of the reactions of PIL in the Indian Courts have not taken this fairly antiquated
structure maybe became in a nation where the size of supplies is so huge it is tough to say that social and
economic needs are less directing that mutual and political ones. They have rather contended that the
social and financial area ought to be generally the right of different parts of government, which are better
prepared to dissect, form, and execute complex arrangements, and that quite a bit of PIL is improper legal
3
1980 AIR 1579, 1980 SCR (2) 557
4
Public interest litigation
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"activism" or "adventurism." For example, in an appraisal of the exercises of the Supreme Court in the
Delhi Vehicular Pollution and Municipal Solid Waste case
5
, Rajamani scolds that ―approach, ecological
and social, should rise up out of a socio political interaction and should be considered in an authentic
gathering not a legal one.‖ Citing cases in which courts planned unequivocal rules, for example, cases
identified with vehicular contamination, the administration of the Central Bureau of Investigation,
reception by unfamiliar nationals, custodial torment, and lewd behavior, Desai and Muralidhar note that
―while sometimes, the Court has communicated its hesitance to venture into the authoritative field, in
others it has set down definite rules and expressly figured strategy‖,Rosencranz and Jackson welcome the
ecological and wellbeing effect of the Supreme Court's 2001 choice requiring the Delhi government to
change its business vehicles over to an armada burning packed regular gasoline (CNG), however at that
point argue for initiative with respect to the administrative and authoritative specialists: "A portion of the
barriers to CNG execution might have been stayed away from, or if nothing else limited, had the
transformation been initially ordered through the ordinary authoritative cycle." Thiruvengadam reports a
spate of likewise roused analysis of PIL as an attack into lawmaking from sitting and previous
adjudicators on India's Supreme court.
An inspiration for a portion of this analysis is a doubt that the courts have utilized their post-Emergency
prominence, to which PIL has fundamentally contributed, to grow their own forces and safeguard
themselves from investigation and responsibility. To a few, it seems like the courts might be investing
energy in negligible and incapable PIL cases to the detriment of the genuine organization of equity, and
decide to do as such on the grounds that PIL polishes their fame. Announced occurrences of trivial PIL
incorporate supplications to rename India ―Hindustan‖, rename the Arabian Sea ―Sindhu Sagar,‖ and
substitute the public song of devotion for one offered by the solicitor (and somewhat sung before the
Chief Justice). Simultaneously, the frameworks of common and criminal equity experience gigantic
deferrals and discretionary pre-preliminary detainments.
Cases of Abuse of PIL
1. SPV Paul Raj v. The Chief of Electoral Officer and Anr.
6
2. Lalit Valecha v. Union of India
7
The Dark Side
It appears to be that the abuse of PIL in India, what began during the 1990s, has reached to such a phase
where it has begun subverting the different reason for which PIL was presented. At the end of the day, the
clouded side is gradually moving to dominate the more brilliant side of PIL project.
Ulterior reason: public in PIL stands subbed by private or exposure
One significant reasoning why the courts upheld PIL was its helpfulness in serving the public interest. It
is far-fetched, notwithstanding, in case PIL is as yet married to that objective. As we have seen above,
practically any issue is introduced to the courts in the pretense of public interest on account of the
allurements that the PIL statute offers (for example reasonable, speedy reaction, and high effect).
Obviously, it isn't in every case simple to separate "public" premium from "private" premium, however it
5
Case of 1984
6
W.P.(MD)No.7078
7
W.P.(C), 5109 of 2021
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is questionable that courts have not thoroughly applied the requirement of PILs being pointed toward
acceptance of some open revenue. Desai and Muralidhar affirm the discernment that;
PIL is being ill-treated by individuals distressing for private complaints in the get of public interest and
looking for exposure as opposed to upholding public causes.
It is important that courts don‘t permit ―public‖ in PIL to be subbed by ―private‖ or ―exposure‖ by
accomplishing more careful entryway keeping.
Inefficient use of limited judicial resources
In the event that appropriately dealt with, the PIL can possibly add to a productive removal of individuals‘
complaints. However, taking into account that the quantity of per capita decided in India is a lot of lower
than numerous different nations and given that the Indian Supreme Court just as High Court are
confronting a tremendous build-up of cases, it is bewildering why the courts have not done what's needed
to stop non-certifiable PIL cases. Truth is told, by permitting trivial PIL offended parties to sit around idly
of the courts, the legal executive may be abusing the right to expedient preliminary of the individuals who
are sitting tight for the vindication of their private advantages through customary antagonistic case.
A connected issue is that the courts are requiring some investment in at last discarding even PIL cases.
This may deliver ―many driving decisions just of a scholastic worth‖. The way that courts need a very
long time to settle cases may likewise propose that seemingly courts were not the most appropriate
gathering to manage the matters close by as PIL.
Steps Necessary
With the view to control the maltreatment of PIL the peak court it has outlined certain rules (to administer
the administration and removal of PILs.) The court should be mindful so as to see that the candidate who
approaches it is acting frank and not intended for individual rise, private benefit or political or other
slanted observations. The court ought not to permit its interaction to be manhandled by legislators and
others to postpone genuine authoritative activity or to acquire political targets. Political pressing factor
bunches who couldn't accomplish their points through the managerial cycle or political interaction might
attempt to utilize the courts (through the method for PILs) to additional their firmly vested points and
interests.
There might be situations where the PIL might influence the right of people not under the steady gaze of
the court, and consequently in molding the alleviation the court should constantly consider its effect on
those interests and the court should practice most noteworthy attentive and hold methodology
guaranteeing satisfactory notification to all interests prone to be partial.
Currently, the court can treat a memo as a writ petition and act upon it. But, it is not every Letter which
may be treated as a Writ Petition by the Court. The Court would be acceptable in treating the letter as a
Writ Petition only in the following cases-
(i) It is Only where the Letter is Addressed by an aggrieved person or
(ii) a public spirited individual or
(iii) a social action group for implementation of the Constitutional or the legal rights of a person in
custody or of a class or group of persons who by reason of Poverty, Infirmity or Socially or
economically disadvantaged position find it difficult to approach the court for redress.
Despite the fact that it is a lot of vital for check the abuse a lot of PIL, any move by the public authority to
manage the PIL brings about boundless fights from the individuals who don't know about its maltreatment
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and liken any type of guideline with disintegration of their basic rights. Under these conditions the
Supreme Court of India is needed to step in by fusing safe watchmen given by the common methodology
code in issue of stay orders/orders in the field of PIL.
In the milestone instance of Raunaq International Limited v/s IVR Construction Ltd
8
, Justice Sujata V
Manohar properly articulated that - when a stay request is acquired at the occurrence of a private party or
even at the occasion of a body disputing out in the open interest, any break request which prevents the task
from continuing further should accommodate the repayment of expenses for people in general on the off
chance that at last the suit began by a particularly individual or body comes up short. All in all the general
population should be repaid both for the deferral in the execution of the venture and the expense
heightening coming about because of such postponement.
Conclusion
Public Interest Litigants, all around the nation, have not taken sympathetic to such court choices. They do
expect that this will sound the demise ring of individuals‘ well-disposed idea of PIL. Notwithstanding,
genuine defendants of India have nothing to fear. Just those PIL activists who like to record negligible
grumblings should pay remuneration to then inverse gatherings. It is really a welcome move on the
grounds that nobody in the nation can reject that even PIL activists ought to be dependable and
responsible. It is likewise striking here that even the Consumers Protection Act, 1986 has been altered to
give pay to inverse assemblies in instances of negligible protests made by buyers. In any capacity, PIL
presently requires a total reexamine and rebuilding. In any case, abuse and maltreatment of PIL can just
make it flat and insufficient. Since it is an uncommon cure accessible at a less expensive expense for all
residents of the country, it should not to be utilized by all defendants as a substitute for customary ones or
as a way to record negligible grumblings.
**************************
8
Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December, 1998