The strategy of Public Interest Litigation (PIL) has been developed to bring justice within easy reach of the poor and disadvantaged sections of the community. The grievances in a PIL action concern the legality and relevance of any state action in relation to constitutional or other statutory rights of segments of society, and in certain circumstances, the conduct of the government itself. The relief granted is generally corrective rather than compulsory in nature, looking towards the future. The court in this regard plays a positive role in furtherance of justice, instead of merely declaring the rights of parties. In this process, it often seeks the assistance of expert panels, commissions, advisory committees, etc.

Financial or economic decisions taken by the government in the exercise of its administrative powers cannot be challenged in a PIL unless they violate Article 21 of the Constitution and the adversely affected persons are unable to approach the court. The decision to divest a Public Sector Undertaking is purely an administrative decision relating to the economic policy of the state and cannot be challenged within the parameters of PIL by a busybody.

However, a petition seeking judicial review of a government action that is against public interest and benefits private parties would be maintainable.

When the judicial process is sought for a legal injury suffered by a person or class of persons who, by reason of poverty or economic disadvantage, are unable to move the court, a letter drawing the court's attention to such a legal injury or wrong could be entertained as a writ petition. Public Interest Litigation is not adversarial litigation undertaken to hold the government or its officers responsible for reparation. Instead, this litigation process involves a collaborative and cooperative effort by the state government and its officers, the lawyers appearing in the case, and the bench, with the purpose of making human rights meaningful for the weaker sections of the community.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073