CRITICAL ANALYSIS ON PUBLIC INTEREST LITIGATION IN INDIAN JUDICIAL PROCESS

Who can file public interest litigation?

RESEARCH OBJECTIVES:

To analyse the cost to file a Public Interest litigation?

To determine the filing of a Public Interest litigation?

In India, the court fee to file a Public Interest Litigation (PIL) is typically Rs. 50 per respondent, meaning the cost depends on the number of respondents listed in the petition; however, the overall cost of presenting the case in court will be determined by the lawyer you choose to represent you.

Nominal court fee:

The primary cost associated with filing a PIL is the low court fee of Rs. 50 per respondent.

Lawyer's Fees:

The most important costs are from the employment of an attorney representing you in court.

Accessibility:

Due to low legal costs, PIS is designed to be accessible to citizens who want to raise issues of public interest

WHO CAN FILE PUBLIC INTEREST LITIGATION?

Any citizen or organization of India is entitled to submit a public interest litigation (PIL) petition to the Supreme Court in accordance with Article 32 of the Constitution of India, or to the High Courts as per Article 226 of the Constitution. It is essential for the individual or entity initiating the PIL to demonstrate to the court that the petition addresses a matter of public interest and that it serves the broader community's benefit.

A PIL may only be directed against the Central Government, state governments, or municipal authorities, and cannot be filed against private individuals. The term "government" encompasses the Parliament of India, the legislature of each state, and all local or other authorities operating under governmental oversight.

PUBLIC INTEREST LITIGATION (PIL) IN INDIA

·         It have emerged as a significant mechanism for enforcing the legal responsibilities of both the executive and legislative branches.

·         The primary aim of PILs is to ensure justice for all and to enhance the welfare of the populace. Typically, they are employed to protect collective interests rather than individual rights, which are safeguarded by Fundamental Rights.

·         The authority to issue PILs resides with the Supreme Court of India and the High Courts. The foundation of PILs is rooted in the power of judicial review.

·         This concept has effectively relaxed the traditional principle of locus standi, which restricts petition filing to those whose rights have been directly violated.

·         PILs are most frequently utilized to contest the actions of public authorities through judicial review, assessing the legality of decisions, actions, or inactions by public entities.

·         In the context of Indian governance, PILs have been instrumental, contributing to landmark rulings such as the prohibition of instant triple talaq, the admission of women to the Sabarimala and Haji Ali shrines, the decriminalization of consensual homosexual relations, and the legalization of passive euthanasia, among others

HISTORY OF PUBLIC INTEREST LITIGATION (PIL) IN INDIA

In 1979, Kapila Hingorani initiated a petition that resulted in the release of nearly 40,000 undertrial prisoners from the jails of Patna, a landmark event known as the ‘Hussainara Khatoon’ case. Hingorani, a distinguished lawyer, presented this case before the Supreme Court, which was presided over by a Bench led by Justice P N Bhagwati. Due to her significant contributions to this case, Hingorani has earned the title of the ‘Mother of PILs.’ The court granted her the opportunity to pursue a case despite her lack of personal standing, thereby establishing Public Interest Litigations as an enduring element of Indian legal practice.

Justice Bhagwati played a significant role in articulating the concept of Public Interest Litigations (PILs). He was not rigid about adhering to procedural formalities and often regarded simple letters from concerned citizens as valid writ petitions. Alongside Justice V R Krishna Iyer, Justice Bhagwati was one of the pioneering judges in the nation to accept PILs.