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Concept of pil in
india
Presented by : Puja Dwivedi
Contact: legalpuja22@gmail.com
Introduction to PIL in India
 PIL (Public Interest Litigation) is a legal action
initiated in a court of law for the enforcement of
public interest or general interest in cases where
the state or the public has an interest.
 Originated in the 1970s, PIL has become an
integral part of India’s legal system, enabling
access to justice for the marginalized and
oppressed.
Historical
Background
 PIL emerged as a response to injustices and disparities
in society, gaining momentum during the Indian
Emergency (1975-1977).
 Justice P.N. Bhagwati and Justice V.R. Krishna Iyer
were pioneers in recognizing PIL as a potent tool for
social justice.
Key Features of PIL
 Enables any individual or organization to approach the
court on behalf of the public interest.
 Relaxation of traditional rules of locus standi (standing)
to allow anyone acting bonafide in the public interest to
petition the court.
 Courts can take suo moto cognizance of matters of
public importance.
Relevant Sections and
Articles
 Article 32 of the Indian Constitution guarantees the
right to constitutional remedies, empowering
individuals to move the Supreme Court for
enforcement of fundamental rights.
 Article 226 empowers High Courts to issue writs for
enforcement of fundamental rights and for any other
purpose.
 No specific legislation governs PIL; however,
principles are derived from Articles 32 and 226.
Landmark Cases
 S.P. Gupta v. Union of India (1981): Known as the Judges
Transfer Case, set the foundation for PIL jurisdiction, expanding
access to justice.
 Vishaka v. State of Rajasthan (1997): Recognized sexual
harassment at workplaces as a violation of fundamental rights.
 M.C. Mehta v. Union of India (1986): Resulted in the closure of
hazardous industries in Delhi to control pollution.
 Bandhua Mukti Morcha v. Union of India (1984): Addressed
bonded labor issues, leading to the release of thousands of bonded
laborers and establishment of rehabilitation schemes.
 Common Cause v. Union of India (2017): Highlighted the need
for transparency and accountability in the allocation of natural
resources, particularly in the coal block allocations.
 Sheela Barse v. State of Maharashtra (1983): Focused on the rights of female
prisoners, ensuring better conditionsand protection against abuse in jails.
 Aruna Ramachandra Shanbaug v. Union of India (2011): Advocated for the
right to die with dignity, leading to guidelines on passive euthanasia and living
wills.
 Olga Tellis v. Bombay Municipal Corporation (1985): Addressed the issue of
slum dwellers’ right to livelihood and shelter, laying down guidelines for
eviction and rehabilitation.
 Subhash Kumar v. State of Bihar (1991): Dealt with environmental protection,
leading to the closure of limestone quarries in the Mussoorie hills to preserve
the ecology.
 Ashok Kumar Pandey v. State of West Bengal (2004): Concerned with
educational reforms and the right to education, particularly focusing on
unaided private schools’regulation to prevent commercialization of education.
 Animal Welfare Board of India v. A. Nagaraja & Others (2014): Centered on
animal rights, particularly banning the use of bulls in events like Jallikattu and
bullockcart races, ensuring prevention of crueltytowards animals.
 M.C. Mehta v. Kamal Nath (1997): Addressed vehicular pollution
in Delhi, leading to measures like the introduction of CNG
(Compressed Natural Gas) buses to mitigate pollution levels.
 People’s Union for Civil Liberties v. Union of India (1997):
Concerned with prison reforms and ensuring human rights of
prisoners, leading to guidelines on custodial violence, prison
conditions, and legal aid for prisoners.
 These cases represent a diverse range of issues addressed through
PIL in India, showcasing its significance in promoting social
justice and protecting fundamental rights.
Evolution and
Challenges
 Initially, PIL was seen as a tool for social justice;
however, there have been concerns about misuse for
personal vendettas or political gains.
 Over time, courts have refined the rules governing PIL
to maintain its integrity and prevent abuse.
Present Scenario
 PIL continues to play a crucial role in addressing
various socio-economic issues such as environmental
protection, human rights violations, and governmental
accountability.
 Courts have adopted a proactive approach in
safeguarding public interest while ensuring fair
procedures.
Recent Developments
 Technological advancements have facilitated e-
filing of PIL petitions, enhancing accessibility
and efficiency.
 Emphasis on mediation and alternative dispute
resolution mechanisms to resolve PIL matters
expeditiously.
Criticism and
Controversies
 Some critics argue that excessive judicial activism
through PILs may encroach upon the domain of the
executive and legislature, undermining the principle
of separation of powers.
 Concerns raised regarding the judiciary’s role in
policymaking and implementation, potentially
overburdening the courts.
Conclusion
 PIL in India has been instrumental in promoting
social justice, protecting fundamental rights, and
holding authorities accountable.
 While facing challenges and criticisms, PIL
remains a potent instrument for advancing the
public interest and upholding the rule of law in
India.
Thank you

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Sanctions and types of Sanctions in Ibnternational law along with its scope a...
 

Concept of Public Interest Litigation in India.

  • 1. Concept of pil in india Presented by : Puja Dwivedi Contact: legalpuja22@gmail.com
  • 2. Introduction to PIL in India  PIL (Public Interest Litigation) is a legal action initiated in a court of law for the enforcement of public interest or general interest in cases where the state or the public has an interest.  Originated in the 1970s, PIL has become an integral part of India’s legal system, enabling access to justice for the marginalized and oppressed.
  • 3. Historical Background  PIL emerged as a response to injustices and disparities in society, gaining momentum during the Indian Emergency (1975-1977).  Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were pioneers in recognizing PIL as a potent tool for social justice.
  • 4. Key Features of PIL  Enables any individual or organization to approach the court on behalf of the public interest.  Relaxation of traditional rules of locus standi (standing) to allow anyone acting bonafide in the public interest to petition the court.  Courts can take suo moto cognizance of matters of public importance.
  • 5. Relevant Sections and Articles  Article 32 of the Indian Constitution guarantees the right to constitutional remedies, empowering individuals to move the Supreme Court for enforcement of fundamental rights.  Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for any other purpose.  No specific legislation governs PIL; however, principles are derived from Articles 32 and 226.
  • 6. Landmark Cases  S.P. Gupta v. Union of India (1981): Known as the Judges Transfer Case, set the foundation for PIL jurisdiction, expanding access to justice.  Vishaka v. State of Rajasthan (1997): Recognized sexual harassment at workplaces as a violation of fundamental rights.  M.C. Mehta v. Union of India (1986): Resulted in the closure of hazardous industries in Delhi to control pollution.  Bandhua Mukti Morcha v. Union of India (1984): Addressed bonded labor issues, leading to the release of thousands of bonded laborers and establishment of rehabilitation schemes.  Common Cause v. Union of India (2017): Highlighted the need for transparency and accountability in the allocation of natural resources, particularly in the coal block allocations.
  • 7.  Sheela Barse v. State of Maharashtra (1983): Focused on the rights of female prisoners, ensuring better conditionsand protection against abuse in jails.  Aruna Ramachandra Shanbaug v. Union of India (2011): Advocated for the right to die with dignity, leading to guidelines on passive euthanasia and living wills.  Olga Tellis v. Bombay Municipal Corporation (1985): Addressed the issue of slum dwellers’ right to livelihood and shelter, laying down guidelines for eviction and rehabilitation.  Subhash Kumar v. State of Bihar (1991): Dealt with environmental protection, leading to the closure of limestone quarries in the Mussoorie hills to preserve the ecology.  Ashok Kumar Pandey v. State of West Bengal (2004): Concerned with educational reforms and the right to education, particularly focusing on unaided private schools’regulation to prevent commercialization of education.  Animal Welfare Board of India v. A. Nagaraja & Others (2014): Centered on animal rights, particularly banning the use of bulls in events like Jallikattu and bullockcart races, ensuring prevention of crueltytowards animals.
  • 8.  M.C. Mehta v. Kamal Nath (1997): Addressed vehicular pollution in Delhi, leading to measures like the introduction of CNG (Compressed Natural Gas) buses to mitigate pollution levels.  People’s Union for Civil Liberties v. Union of India (1997): Concerned with prison reforms and ensuring human rights of prisoners, leading to guidelines on custodial violence, prison conditions, and legal aid for prisoners.  These cases represent a diverse range of issues addressed through PIL in India, showcasing its significance in promoting social justice and protecting fundamental rights.
  • 9. Evolution and Challenges  Initially, PIL was seen as a tool for social justice; however, there have been concerns about misuse for personal vendettas or political gains.  Over time, courts have refined the rules governing PIL to maintain its integrity and prevent abuse.
  • 10. Present Scenario  PIL continues to play a crucial role in addressing various socio-economic issues such as environmental protection, human rights violations, and governmental accountability.  Courts have adopted a proactive approach in safeguarding public interest while ensuring fair procedures.
  • 11. Recent Developments  Technological advancements have facilitated e- filing of PIL petitions, enhancing accessibility and efficiency.  Emphasis on mediation and alternative dispute resolution mechanisms to resolve PIL matters expeditiously.
  • 12. Criticism and Controversies  Some critics argue that excessive judicial activism through PILs may encroach upon the domain of the executive and legislature, undermining the principle of separation of powers.  Concerns raised regarding the judiciary’s role in policymaking and implementation, potentially overburdening the courts.
  • 13. Conclusion  PIL in India has been instrumental in promoting social justice, protecting fundamental rights, and holding authorities accountable.  While facing challenges and criticisms, PIL remains a potent instrument for advancing the public interest and upholding the rule of law in India.