Public Interest Law: Definition and Meaning

The provision of justice for all is one of the goals of the Indian legal system. Public interest law is a mechanism that society uses to accomplish this objective. The Indian Constitution's Preamble underlines social, economic, and political fairness. The judicial activism has sparked public interest in order to accomplish its goal of justice. Any public-spirited individual may initiate a public interest lawsuit to represent the interests of the wider public in court. In this case, the party bringing the lawsuit could not actually be the one who was wronged or suffered. In other words, no personal interest should be involved otherwise the lawsuit will be disqualified to be filed.

What is the meaning of Public Interest Law?

Public Interest Law is formed by two words i.e. “Public Interest” and “Law”.

A public interest action is one that benefits the whole population. It denotes a necessary activity carried out for public benefit. The needs of the public interest, however, may change from instance to case.

According to Stroud's Judicial Dictionary, Volume IV (Fourth Edition), "Public Interest" is defined as "that in which a class of the community has a pecuniary interest, or some interest by which their legal right or liabilities are affected; not that which is interesting as gratifying curiosity, or a love of information, or amusement."

The expression “law” means a system of regulations which is produced and enforced by societal or governmental entities in order to control conduct.

Thus, contextually, a "public interest law" is a legal action brought before a court of law to uphold a general or public interest in which the general public or a class of the community has a financial interest or another interest that has an impact on their legal rights and obligations. It is filed by an individual or a group who do not have any personal advantage or interest other than to safeguard the public's or the general interest.

Features of Public Interest Law

Public Interest Law has unique characteristics and these are −

• Instead than being constrained by a particular prior occurrence, the court and parties intentionally set the scope of the lawsuit of Public Interest Law.

• Rather than being restricted to specific foes, the party structure is vast and unstructured.

• As contrast to a straightforward examination of historical events that occurred in the past, the fact inquiry is more like the sort of research that legislative bodies do into contemporary issues.

• Rather than being restricted to restitution for a past injustice provided exclusively to a party to the litigation, relief is frequently prospective, flexible, and remedial with a broad influence on many people.

• Rather than being ordered by the court, the relief is frequently negotiated by the parties.

Origin of Public Interest Law in India

All societal groups in India should have access to justice, according to public interest law. It is not typical statutory legislation but a component of the constitutional structure. With the goal of establishing a "Sovereign, Socialist, Secular, Democratic, and Republic" in the Constitution after independence. The Fundamental Rights and the Directive Principles of State Policy are the principal instruments used to bring about this social change. According to Article 32 of the Indian Constitution, someone has the right to immediately appear before the Supreme Court in the event that their fundamental rights have been violated.

An impartial court can judge the legality of legislation and presidential orders, and it has the power to issue orders that apply to everyone on the nation's territory. These clauses provide the development of public interest litigation a strong constitutional base.

The introduction of new constitutional interpretation, the establishment of judicial review, the declaration of the emergency and its aftermath, and the Supreme Court's involvement in defending basic rights during the emergency all contributed to the creation of public interest law. The revolution was also greatly aided by the initiatives taken in the 1970s and 1980s by two judges, Justice P.N. Bhagwati and Justice Krishna Iyer, regarding legal assistance to provide quicker access to justice. Justice Bhagwati noted in a report on legal assistance in 1971 that changes may be made to the current adversarial system while keeping its core components. In order to administer justice fairly, it is crucial to put the impoverished on an equal footing with the affluent as much as feasible.

In a study published in 1973, two judges—Justice P.N. Bhagwati and Justice V.R. Krishna Iyer—discussed the connection between the law and poverty as well as the necessity for an active and extensive legal aid system to help the poor. The study also referenced Social Action Litigation, a tactical branch of the legal aid movement created to make justice accessible to people who are unable to access the courts, and provided proposed laws for legal services.

Henceforth, due to technical challenges in preparing legal pleadings, the judiciary in India started the Public Interest Law to give impoverished, deprived, vulnerable, discriminated, and marginalised groups of society access to justice.

Advantages of Public Interest Law

The following is an advantage −

• It is the ability of individuals who were previously silent and invisible to participate in a national forum of power and decision-making.

• It guarantees the accessibility of justice for the underprivileged.

• PIL has also offered the court a chance to address significant concerns that concern a lot of people, such as consumer protection and environmental protection.

Disadvantages of Public Interest Law

The following are disadvantages −

• There is always a chance that a party claiming to be suing in the public interest would misuse the PIL tool.

• The popularity of PIL has led to a significant increase in the number of cases being filed, adding to the already massive backlog and requiring the court to spend a lot of time addressing matters that are better handled by the administration or the legislative.

• The court's orders are difficult to enforce.

Conclusion

The impoverished and ignorant citizens of our nation could not access the courts prior to the creation of Public Interest Law in India. The difficulty in obtaining justice for the average person was exacerbated by the high expense of legal processes and their length. Also, no third party could initiate a lawsuit on their behalf in the past when the rights of the poor were violated. But, with the introduction of the PIL, the courts are now open to the underprivileged as well. A third party may take up these individuals concerns and submit a legal petition before the courts even if these individuals do not protest the infringement of their rights.

Frequently Asked Questions

Q1. What is the public interest in Indian law?

Ans. Public Interest in Indian law is developed in the form of Public Interest Litigation. PIL’s have developed into a powerful instrument for upholding the executive and legislative branches' legal obligations.

Q2. What are the major phases of PIL?

Ans. The three phases of PIL are −

• The person or people who filed the PIL,

• The case's subject or focal point,

• The party against whom relief was sought and the judiciary's reaction to the PILs.

Q3. Which is the first PIL in India?

Ans. Despite Justice Krishna Iyer mentioning it in the case of Mumbai Kamgar Sabha vs. M/s Abdulbhai Faizullabhai and others (1976), which dealt with the plight of prisoners awaiting trial. Hussainara Khatoon vs. the State of Bihar (1979) was the first Public Litigation Interest (PIL) petition.

Q4. Who are the parties against whom PIL can be filed?

Ans. A PIL may be filed against central government, state government, municipal authority, and even against private parties like firms, LLP, etc. Furthermore, private person may also be included in PIL as ‘Respondent’, after concerning the state authority. Likewise, whether it is government authority or a private person, whomever is creating nuisance for the public at large or affecting or damaging the interests of society by any means, a lawsuit can be filed against them.