Public Interest Litigation

1.Meaning of PIL

• Origin of PIL in the USAImportance 3/5UPSC 1997
  In which country and which decade did PIL begin? Understand why it began: the ordinary market for legal services left some groups without lawyers. Which groups were these, and why were they left out?
• PIL and Judicial ActivismImportance 4/5
  How is PIL related to judicial activism in India? Understand whether PIL is a cause or an outcome of judicial activism. Remember which court's role is credited with the emergence of PIL.
• Introduction of PIL in India and Its PioneersImportance 4/5UPSC 2006, 2008
  Which two judges are called the pioneers of PIL in India? The start of PIL in India is dated in two ways: when are its roots traced, and when did it grow? Remember which judge is linked with which stage.
• Other Names for PILImportance 3/5
  What are the three other names by which PIL is known? Remember each name with its short form.
• Relaxation of the Rule of Locus StandiImportance 5/5
  What is the traditional rule of locus standi, and how is PIL an exception to it? Understand who can move the court in a PIL, on whose behalf, and why those persons cannot approach the court themselves. Remember the 'sufficient interest' test.
• Supreme Court's Definition of PILImportance 3/5
  How has the Supreme Court defined PIL? Understand the main elements of the definition: whose interest is involved, and what kind of interest the public or a class of the community must have.
• Purposes of PILImportance 4/5
  What are the three real purposes of PIL? Understand why PIL is called absolutely necessary, and how it serves the aims of the Constitution.

2.Features of PIL

• PIL and the Legal Aid MovementImportance 3/5
  Why is PIL called a strategic arm of the legal aid movement? Understand whom it is meant to reach. Also understand what PIL demands when the rights of large numbers of disadvantaged people are violated.
• PIL versus Ordinary Adversarial LitigationImportance 4/5
  How does PIL differ from ordinary litigation? Understand the difference in three ways: the nature of the dispute (are there two opposing parties?), whose right is being enforced, and what the court decides about individual rights. Also remember the three things a PIL is undertaken for, including the kinds of rights it protects.
• PIL as a Co-operative EffortImportance 3/5
  Who are the three parties in the co-operative effort that PIL involves? Understand what they work together to achieve for the vulnerable sections of the community.
• Role of the Court and Procedural Flexibility in PILImportance 3/5
  How is the court's role in PIL different from its role in ordinary cases? Is the court free to adopt any procedure in a PIL, or is there a limit? Understand both sides of this.

3.Scope of PIL

• Supreme Court Guidelines for Entertaining Letters and Petitions as PILImportance 3/5
  In which year did the Supreme Court frame these guidelines, and in which years were they modified? Understand what the word 'ordinarily' means for letters and petitions that fall outside the listed categories.
• Matters Entertained as PILImportance 4/5
  Remember the ten categories of letters or petitions that are ordinarily entertained as PIL, with enough detail to recognise each one (for example, what petitions from jails and petitions against the police cover). Be clear about the exception within the labour law category.
• Matters Not Entertained as PILImportance 4/5
  Which five categories are not entertained as PIL? Understand the exception for complaints against government departments and local bodies. Also be clear about which pension matter is entertained and which is not.

4.Principles of PIL

• Constitutional Basis and Standing in PIL (Articles 32 and 226)Importance 5/5
  Which court acts under each of Articles 32 and 226 in a PIL? Understand who may file a petition for disadvantaged people, and what duty the court has towards them. Which 2003 case is the source of all the PIL principles studied under this subtopic, not only these two?
• Letters and Telegrams as PILImportance 4/5
  When can the court treat a letter or a telegram as a PIL? Understand the conditions. Remember which rules the court relaxes in such cases.
• Use of Articles 14 and 21 and International Human Rights ConventionsImportance 3/5
  When does the court step in and use Articles 14 and 21 together with international human rights conventions? Understand what these conventions provide for.
• Maintainability and Res Judicata in PILImportance 3/5
  When can the court stop the State from questioning whether a PIL can be heard (its maintainability)? What does res judicata mean? Understand whether it always applies to a PIL.
• Private Disputes and Private-Interest PetitionsImportance 3/5
  Can a dispute between two private parties be heard as a PIL? Understand the exception: when a petition filed for a private interest may still lead the court to inquire in the public interest.
• Appointment of Commissions in PILImportance 2/5
  In what special situations may the court appoint a commission or other body in a PIL, and for what purpose? What may the court direct about a public institution taken over by such a commission?
• Limits on the Court in PIL (Policy, Judicial Review, Article 142)Importance 4/5
  Remember the limits the court sets for itself in PIL with respect to policy, jurisdiction and judicial review. Does a High Court have a power like Article 142? Should a High Court ordinarily hear a PIL that questions the validity of a statute or statutory rule?

5.Guidelines for Admitting PIL

• Misuse of PIL and Its LabelsImportance 3/5
  What labels are used for a PIL that is misused? Remember the five labels and the concern behind them.
• Supreme Court's Warning on Abuse of PIL (BALCO Employees Union Case)Importance 3/5
  What did the Supreme Court say PIL was originally meant for, and why did it feel the need to restate its limits? Understand the well-known remark about PIL that uses the words 'pill' and 'panacea'.
• Guidelines to Curb Misuse of PIL (State of Uttaranchal vs Balwant Singh Chaufal)Importance 4/5
  In which year was this case decided? Remember the eight guidelines: the role of High Courts in framing rules, the checks on the petitioner and the petition, and what the court must be satisfied about (public interest, priority, motive and costs).

1. 1.

   With reference to Public Interest Litigation (PIL), consider the following statements:
   1. The concept originated and developed in the USA in the 1960s.
   2. In India, it was introduced in the early 1980s, with Justice V.R. Krishna Iyer and Justice P.N. Bhagwati as its pioneers.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
2. 2.

   Consider the following categories of letters or petitions:
   1. Bonded labour matters
   2. Landlord–tenant matters
   3. Petitions from riot victims
   4. Admission to medical and other educational institutions
   Under the Supreme Court's guidelines, how many of the above will ordinarily be entertained as PIL?

   1. AOnly one
   2. BOnly two
   3. COnly three
   4. DAll four
3. 3.

   Consider the following statements:
   Statement-I: The introduction of PIL in India was facilitated by the relaxation of the traditional rule of 'locus standi'.
   Statement-II: Under the traditional rule of locus standi, only the person whose rights are infringed can move the court for remedies.
   Which one of the following is correct in respect of the above statements?

   1. ABoth Statement-I and Statement-II are correct and Statement-II explains Statement-I
   2. BBoth Statement-I and Statement-II are correct and Statement-II does not explain Statement-I
   3. CStatement-I is correct but Statement-II is incorrect
   4. DStatement-I is incorrect but Statement-II is correct
4. 4.

   Public Interest Litigation is also known as

   1. AAdversarial Litigation
   2. BPrivate Interest Litigation
   3. CRepresentative Suit
   4. DSocial Action Litigation
5. 5.

   With reference to the principles evolved by the Supreme Court regarding PIL, consider the following statements:
   1. The court may treat a letter or a telegram as a PIL.
   2. A dispute between two warring groups purely in the realm of private law may be agitated as a PIL.
   3. Ordinarily, a High Court should not entertain a PIL questioning the constitutionality of a statute.
   Which of the statements given above are correct?

   1. A1 and 2 only
   2. B2 and 3 only
   3. C1 and 3 only
   4. D1, 2 and 3

1. 1.

   UPSC 2008

   Consider the following statements:
   1. Justice V. R. Krishna Iyer was the Chief Justice of India.
   2. Justice V. R. Krishna Iyer is considered as one of the progenitors of public interest litigation (PIL) in the Indian judicial system.
   Which of the statements given above is/are correct?

   1. A1 only
   2. B2 only
   3. CBoth 1 and 2
   4. DNeither 1 nor 2
2. 2.

   UPSC 2006

   Who was the Chief Justice of India when public interest litigation (PIL) was introduced to the Indian Judicial System?

   1. AM. Hidayatullah
   2. BA. M. Ahmadi
   3. CA. S. Anand
   4. DP. N. Bhagwati
3. 3.

   UPSC 1997

   The concept of Public Interest Litigation originated in

   1. Athe United Kingdom
   2. BAustralia
   3. Cthe United States
   4. DCanada