Courtesy: Kanishka Singh
What is Public Interest Litigation (PIL)?
Public Interest Litigation is in the nature of writ petition filed before the High Court under Article 226 of the Constitution of India, with the objective of protecting, serving, and upholding public interest. The remedy departs from the traditional rule that only affected parties could approach the court for redressal. It allows a wide range of matters of general importance to be agitated before constitutional courts, especially those affecting marginalized sections of society.
However, it is relevant to note that any authority which is vested or endowed with great powers, such authority must exercise the same with great caution and responsibility. As such, the jurisdiction
What matters are covered under the ambit of Public Interest Litigation category before Allahabad High Court?
Although there is no exhaustive list, as public interest cannot be captured in limited categories. However, experiential data has served us with some categories which are commonly invoked, and they are as follows:
- Bonded Labour Matters
- Neglected Children
- Non-payment of minimum wages to workers and exploitation of casual workers
- Complaints of violation of labour laws
- Petitions from jails complaining of harassment
- Premature release
- Seeking release after 14 years of jail
- Death in Jail
- Release on personal bond
- Speedy trial as a fundamental right
- Petitions against police for refusing to register a case
- Harassment by Police and Death in Police Custody
- Petitions against atrocities against women, eg. Bride Harassment, Bride burning, rape, murder
- Petitions complaining harassment or torture of villagers
- Torture by police to the persons belonging to SC/ST and Economically Backward Classes
- Petitions pertaining to Environmental Pollution, Distrubance of Ecological Balance
- Drugs and Food Adulteration
- Maintenance of heritage, culture, and antiques
- Forest and Wildlife and other matters of public importance
- Petitions from riot victims
- Family Pension
- Other Miscellaneous matters
Who can file a Public Interest Litigation?
The concept of PIL is based on the principle that no one should be denied justice due to the technicality of locus standi, as emphasized by the Hon’ble Apex Court in the landmark judgment of S.P. Gupta v. Union of India.
Locus standi, i.e. Latin for “place of standing”, is not strictly followed in Public Interest Litigation. This allows any citizen of India to seek remedy in cases involving environmental degradation, human rights violations, healthcare deficiencies, omissions or negligence by public authorities, structural hazards, pollution, corruption, injustice to women, food adulteration, education, protection of heritage and culture, and various other forms of social injustice. The petitioner need not be personally affected but must demonstrate that the issue has broader public ramifications.
However, any issue which may be in the realm of a private dispute between two warring groups cannot be entertained as a public interest litigation.
What credentials should a litigant have who is filing a PIL?
The matter should arise from a reasonable cause of action. The petitioner must act in good faith, with no proprietary or pecuniary interest in the matter. Courts discourage individuals who attempt to misuse PIL for publicity, personal vendetta, or to settle private scores under the garb of public interest.
The word ‘credential’ has been defined in Black’s Law Dictionary, 8th Edition:
“1. A document or other evidence that proves one’s authority or expertise.
2. A testimonial that a person is entitled to credit or to the right to exercise official power.
3. The letter of credence given to an ambassador or other representative of a foreign country.
4. Parliamentary law. Evidence of a delegate’s entitlement to be seated and vote in a convention or other deliberative assembly.”
However, for the Allahabad High Court has taken the meaning at S.No.1 in the above definition as the most relevant and apt for the purposes of construing Rule 1(3-A) of Chapter-XXII of Allahabad High Court Rules.
Credentials must be disclosed properly. If the petition has filed espousing the cause of any member of a disadvantageous section of the society or any person, who is downtrodden or for certain disabled person, who is unable to approach the Court, the same must be stated clearly in the affidavit. If the matter in question relates to infringement or denial of any basic human right to such marginalized section of the society which enables the petitioner to espouse their cause, then the same must be stated clearly and specifically.
The word “credential” has a specific connotation and means the quality and experience of a person that makes him suitable for doing a particular job. This aspect of the matter has already been clarified by the Allahabad High Court in the case of Narendra Kumar Yadav v. State of U.P., reported in 2020 (11) ADJ 637 (LB) (DB), wherein the Court held as follows:
“7. The dictionary meaning of the word ‘credentials’ is the qualities and the experience of a person that make him suitable for doing a particular job. The Oxford EnglishEnglish-Hindi Dictionary, 2nd Edition, explains credentials as the quality which makes a person perfect for the job or a document that is a proof that he has the training and education necessary to prove that he is a person qualified for doing the particular job.
8. The petitioner herein claims to be a Social Worker, but in order to substantiate the nature of the social work he is doing or seeks to do, he has not disclosed any experience that makes him suitable or perfect for doing the said job and no document in proof has been furnished.”
What are the practical aspects of preparing a Public Interest Litigation matter?
The foremost requirement is to be equipped with all relevant documents—affidavits, expert reports, RTI replies, testimonies, and photographs. Compiling all the documents and properly highlighting the public interest is crucial in drafting. A PIL should contain the details of the petitioner and respondent, a statement of facts, grounds, nature of the remedy sought, the rights violated, and the relief prayed for. Identifying the appropriate jurisdiction is also essential. Under Article 32 of the Constitution of India, one may seek redressal for violation of Fundamental Rights, and under Article 226 of the Constitution of India, for both Fundamental and legal rights.
A petitioner may appear and argue in person. Alternatively, a third party, such as an NGO or a social worker, may argue on their behalf. It is advisable that the person presenting the case is either legally trained or well-versed with the subject matter to ensure clarity and effectiveness before the bench.
However, it must be kept in mind that the whole jurisdiction of Public Interest Litigation stemmed out of a practice of entertaining letters addressing public interest, colloquially referred as “Epistolary Jurisdiction”. Thus, in Public Interest Litigation matters, the Court has the onerous duty and calling to recognize the issue of public interest that needs to be addressed.
If a PIL has been filed and the same cause of action is raised again by a different party, it will not be barred under Section 10 of Civil Procedure Code, but the petitions may be heard in punch as connected matters raising identical or similar issue. Each PIL must be evaluated on its own merits, even if the issues are similar, provided the parties and intent differ.
Can land matters be brought under the purview of PIL?
Yes, land matters can be entertained under the scope of the Public Interest Litigation, provided they fall within the appropriate scope—such as when land earmarked for industrial development degrades the environment, or when public land is wrongfully encroached upon or allotted contrary to zoning laws, or when large populations are displaced without justification or rehabilitation.
However, PILs cannot be filed in matters strictly related to ownership or possession. Disputes involving title, adverse possession, or private property claims fall outside the domain of PIL and must be addressed through appropriate civil litigation. The court rebukes the practice of filing writ petitions with hidden private interests in land related matters masquerading as public interest litigation petitions.
In what cases the Allahabad High Court may lean towards rejecting a PIL petition?
The Court requires the petitioner to approach with bona fide intention, based on the legal maxim: “He who seeks equity must come with clean hands”. If the petitioner has concealed material facts, submitted incomplete or misleading information, or approached the Court without proper preparation, the PIL may be dismissed. There have been instances where petitions were dismissed due to poor presentation or undue delay in approaching the Court. Hence, timeliness and procedural discipline are integral to the success of a PIL. Furthermore, it is often seen that the petitions are dismissed many a times on the ground that the credentials of the petitioner have not been properly disclosed in accordance with law. All these caveats must be kept in mind while drafting and filing the PIL Petition.
What if the issue or matter at the core of the public interest litigation may be categorized as both public interest and private interest?
There are no straightjacket provisions determining the validity of a Public Interest Litigation. In Indian Bank’s Association v. Devkala Consultancy Services, 2009:AHC:462-DB, the Court addressed whether a PIL containing private interest but also encompassing public good could be maintainable. The Court opined that such a petition could indeed be transformed into a public interest litigation matter. In development and environmental matters, the rights of individuals must be balanced with the larger public good. Hence, the intention behind the petition often carries more weight than the nature of the petitioner’s involvement.
How to draft a Writ Petition (PIL)?
A PIL is drafted in the same style as a writ petition filed before the Allahabad High Court, with certain additions and modifications. Like a writ petition, a PIL includes the petition, an affidavit, an application for interim relief (stay), and a vakalatnama, if required. The prayer clause is of utmost importance and should be stated precisely. It is usually constituted in two parts, a final prayer, and an interim prayer. The final prayer relates to the ultimate relief sought, while the interim prayer addresses immediate relief pending adjudication.
The grounds must clearly establish a substantial question of public interest, a pressing legal grievance affecting a group, or a failure of constitutional duty. The Court has the discretion to grant interim relief to either party, even before the counter-affidavit or completion of pleadings. To press upon the interim relief, one has to make out a prima facie case, balance of convenience, and irreparable loss in absence of such interim relief.