Introduction to Public Interest Litigation (PIL)
Public Interest Litigation (PIL) is a legal mechanism that allows individuals, groups, or organizations to file petitions in courts on behalf of the public interest, even if they are not directly affected by the issue. It was introduced to provide justice to marginalized and underprivileged sections of society.
Key Features of PIL:
✅ Expands Access to Justice – Any public-spirited person can approach the court.
✅ Relaxes Locus Standi – The petitioner does not need to be directly affected.
✅ Strengthens Judicial Activism – Courts intervene in policy matters to uphold fundamental rights.
✅ Deals with Social Issues – Covers human rights, environmental protection, corruption, and governance issues.
Relevant Articles of the Constitution:
- Article 32 – PILs can be filed in the Supreme Court.
- Article 226 – PILs can be filed in the High Courts.
- Article 39A – Ensures equal justice and free legal aid.
Landmark Cases on Public Interest Litigation (PIL)
1. Hussainara Khatoon v. State of Bihar (1979) – Right to Speedy Trial
Facts: A journalist discovered that thousands of undertrial prisoners in Bihar had been in jail for years without trial.
Judgment: The Supreme Court held that right to a speedy trial is a fundamental right under Article 21 of the Constitution.
Conclusion: This case led to reforms in India’s criminal justice system, ensuring timely justice for prisoners.
2. S.P. Gupta v. Union of India (1981) – Judges’ Appointment & PIL Expansion
Facts: This case challenged the secrecy in the appointment of judges and introduced PIL as a tool to address public grievances.
Judgment: The Supreme Court ruled that any public-spirited person can file a PIL to protect constitutional and legal rights.
Conclusion: Established PIL as an essential instrument of judicial activism in India.
3. M.C. Mehta v. Union of India (1986) – Environmental Protection (Ganga Pollution Case)
Facts: Advocate M.C. Mehta filed a PIL against industries polluting the Ganga River.
Judgment: The Supreme Court ordered the closure of polluting industries and enforced the ‘Polluter Pays’ principle.
Conclusion: This case set a precedent for environmental PILs, strengthening environmental laws in India.
4. Vishaka v. State of Rajasthan (1997) – Sexual Harassment at Workplace
Facts: A social worker was brutally gang-raped in Rajasthan. No legal framework existed to address workplace harassment.
Judgment: The Supreme Court laid down Vishaka Guidelines for the prevention of sexual harassment at workplaces.
Conclusion: Led to the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013.
5. People’s Union for Democratic Rights v. Union of India (1982) – Bonded Labour
Facts: A PIL was filed against exploitation of laborers at construction sites for the Asian Games in Delhi.
Judgment: The Supreme Court ruled that bonded labor is a violation of fundamental rights under Article 23.
Conclusion: Strengthened labour rights and protection against exploitation.
MCQs on Public Interest Litigation (PIL)
1. Under which Article can a PIL be filed in the Supreme Court?
A) Article 226
B) Article 32
C) Article 21
D) Article 14
✅ Answer: B) Article 32
2. Which case first expanded the concept of PIL in India?
A) Vishaka v. State of Rajasthan
B) M.C. Mehta v. Union of India
C) S.P. Gupta v. Union of India
D) Hussainara Khatoon v. State of Bihar
✅ Answer: C) S.P. Gupta v. Union of India
3. The ‘Polluter Pays’ principle was established in which case?
A) Vishaka v. State of Rajasthan
B) M.C. Mehta v. Union of India
C) People’s Union for Democratic Rights v. Union of India
D) Hussainara Khatoon v. State of Bihar
✅ Answer: B) M.C. Mehta v. Union of India
4. Which PIL case led to guidelines on sexual harassment at workplaces?
A) S.P. Gupta v. Union of India
B) M.C. Mehta v. Union of India
C) Vishaka v. State of Rajasthan
D) Hussainara Khatoon v. State of Bihar
✅ Answer: C) Vishaka v. State of Rajasthan
5. The concept of ‘Speedy Trial’ as a fundamental right was established in which case?
A) S.P. Gupta v. Union of India
B) M.C. Mehta v. Union of India
C) Hussainara Khatoon v. State of Bihar
D) People’s Union for Democratic Rights v. Union of India
✅ Answer: C) Hussainara Khatoon v. State of Bihar
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Public Interest Litigation (PIL) in India: Landmark Cases, Key Provisions & MCQs for AIBE
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