Public interest law loosely, refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on not for profit terms pro bono publico. The concept of pil came into india in the nineteenth century. It built on a tradition exemplified by louis brandeis, who before becoming a u. Chairmanreceive completed grant application form and any additional. Litigation means the process of taking legal action in a court of law with the object of enforcing a right or seeking a remedy. Though the implications of public interest litigation pil has been extensively examined in the context of the indian constitutional and legal system, in my view this 1980s phenomenon has. The phrase public law litigation was first prominently used by american. Public interest litigation pil is the practice of taking a case to court, or intervening in a court case, to advance a widely. Dec 03, 2014 public interest litigation, in simple words, means, litigation filed in a court of law, for the protection of public interest, such as pollution, terrorism, road safety, constructional hazards etc. It is an essential tool in keeping public decisionmaking in check, in guaranteeing that human and environmental rights are protected.
Pdf genesis and evolution of public interest litigation in the. It is a relaxation on the traditional rule of locus standi. I take this opportunity to commend kenyans for peace with truth and justice kptj, africa centre for open governance africog and the katiba institute for developing it. Juan chu,vindicating public environmental interest. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related.
Public interest litigation pil central university of south bihar. Public interest litigation, although not uniquely a creature of indian public law, has achieved an identity of its own in the jurisprudence of the subcontinent. Jun 01, 2006 public interest litigation pil in central and eastern europe1 has a relatively brief history. Public interest litigation is not defined in any statute or in any act. Public interest litigation has set right a number of wrongs committed by an individual or by society. Though the implications of public interest litigation pil has been extensively examined in the context of the indian constitutional and legal system, in my view. The liberal approach of the courts relating to the aspect of locus standi was well recognized in s. It does this by enabling broader community or public interests to be recog. Unlike the adversary litigation, public interest litigation is a kind of cooperative and collaborative litigation involving the court, the petitioner and the government or a public authority, and each of them share in common the realization of a statutory or constitutional commitment to social justice, the rule of law, good governance and basic. Public interest litigation pil in india began in the late 1970s.
A study on public interest litigation in full concept. It has as its prime objective the promotion of the public good. Pdf public interest litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which. Public interest litigants, all over the country, have not taken very kindly to some of the courts views talking about preventing unnecessary.
Public interest litigation in india lse theses online. Goldston is the executive director of the open society justice initiative, an operational program of the open society institute that promotes rightsbased law reform and. Defining the role of enviornmental public interest litigation in china, 45ecology l. The initial inspiration for pil came from the american concept of public interest litigation and the class actions of the 1960s. Public interest litigation and constitutional theory in. The chapter begins with an overview of pil as an instrument for dealing with public grievances such as flagrant human rights violations by the state, or for vindicating the public policies embodied in statutes or constitutional provisions. Public interest means to the benefit or advantage of the community as a whole.
Cunningham, public interest litigation in indian supreme court. The most important change is that brought about by the provisions of section 38 of the constitution. The article does not offer a comprehensive theory of public interest litigation. Advantages and disadvantages of public interest litigation in. Public interest litigation and human rights implementation. Public interest litigation pil means litigation filed in a court of law, for the protection of public interest. The goals of public interest litigation or social action litigation may be the same but the methodology used by the adherents of both systems is different. India led the concept of public interest litigation pil. It helps advance the cause of minority or disadvantaged groups and individuals. Pdf public interest litigation in south africa covers the theory and practice of public interest litigation since south africas transition to. Pdf public interest litigation in comparative perspective. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. Constitution of pakistan 1973, article 1843 was inserted to bestow jurisdiction on the supreme court in a case of breach of fundamental right of public.
Sep 25, 2018 public interest litigations are those litigations that are conducted as per the common interest of the public in order to solve a grievance. Pdf ethics and politics of public interest litigation researchgate. The phrase public law litigation was first prominently used by american academic abram chayes to describe the practice of lawyers or. Public interest litigation is brought before the court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers of people who are poor. A study on public interest litigation in full concept what pil means and is has been deeply surveyed, explored and explained not only by various judicial pronouncements in many countries, but also by eminent judges, jurists, activist lawyers, outstanding scholars, journalists and social scientists, etc. The supreme court of india, pioneered the public interest litigation pil thereby throwing upon the portals of courts to the common man. Pdf public interest litigation azam iqbal academia.
Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in india. Recent developments in public interest litigation in kenya public interest litigation pil is relatively new in kenya and its development has been hampered by the restrictive interpretation of standing taken by the kenyan judiciary in a number of cases. The term public interest litigation is coined by use of two. It has been interpreted by judges to consider the intent of public at large. Apr, 2020 public interest litigation pil is a litigation for the protection of public interest.
It was an idea that was in the making for some time before its vigorous growth in the early eighties. In the words of some learned people we can say that public interest litigation in a litigation which can be file in any court of law by any public spirited person for the protection of public interest. Public interest litigation strategies for advancing human rights in. However, the entire scenario changed during eighties with the supreme court of. In india, over the last three and half decades or so, the mechanism of public interest litigation has come to be recognized as a characteristic feature of the higher judiciary. Public interest litigation in central and eastern europe. It does not examine the use of the criminal law, equity or the law of tort for public interest purposes. Most of the reported and many unreported pil cases, filed from its inception until april. Public interest litigation pil maharashtra legislature. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers. Introduction public interest litigation, in simple words, means, litigation filed in a court of law, for the protection of public interest, such as pollution, terrorism, road safety, constructional hazards etc. Public interest litigation and the civil society factor cambridge. Public interest litigation refers to strategic litigation that positions law as a tool of advancing human rights and equality, or raising issues of broad public concern. Public interest litigation pil is a core element of any democratic society based on the rule of law which aims to recognise and protect human rights.
Public interest litigation pil as it has developed in recent years marks a signi. Using public interest litigation and international law to promote gender justice in india page 3. While social action litigation is the india model which is in effect the matured product. Public interest litigation, in simple words, means, litigation filed in a court of law, for the protection of public interest nebulous entity, such as pollution, terrorism, road safety, constructional hazards etc. Pil is a right given to the socially conscious member or a public spirited ngo to espouse a. It now dominates the public perception of the supreme court. It has been included in the curricula of many law degrees, and has served as a reference in several seminars, conferences and exchanges among south african and. Once the case stands transferred to the supreme court, he must make arrangements to present himself and advance arguments before it litigants must conform to the time schedule fixed by the court. A public interest litigation cannot choose his forum. These organisations utilise a combination of legal advocacy, research, campaigning and civil suits that seek to change law, regulations and more broadly public attitudes, to address issues of discrimination and inequity, as well as structural barriers to the use of public interest litigation. Public interest litigation in pakistan jurist panel. Public interest litigation, itself says that this is a litigation for any public interest. Any matter where the interest of the public at large is affected can be redressed by filing a public interest litigation in a court of law such as pollution, terrorism, road safety, constructional hazards, etc.
Petitions from jails complaining of harassment, for premature release. However, there have been two recent significant developments for pil in kenya. Public interest litigation pil refers to the practice of precipitating social change through court decisions that reform legal rules, enforce existing laws and articulate public norms. The core litigation programme of hurilaws is the strategic impact litigation programme, a broadbased test case litigation programme to bring selected human rights cases before the superior courts to establish and advance judicial norms on human rights in nigeria law. It was a scheme for the protection of rights of all classes specially the deprived. The new position is that if a legal wrong is done to a person or a class of persons who, by reasons of poverty or any other disability, cannot approach a court of law for justice, it is open to any public spirited individual or a. Public interest litigation pil 309 of law for relief. Given that the 100 odd pil cases filed and argued focused on realizing the. Public interest litigation has been defined as a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public. A birds eye view public interest litigation pil ssrn papers. Overcoming barriers to public interest litigation in scotland c ourt judgments, particularly those of the higher courts, shape how laws are implemented and rights are experienced by all of us every day. Legaltechnical constraints, procedural restraints, costs and delays in litigation restrict access to. January 19921 public interest litigation and constitutional theory was the regulatory agency which allowed the firm to trade when it should not have been allowed to do so. Public interest litigation the core litigation programme of hurilaws is the strategic impact litigation programme, a broadbased test case litigation programme to bring selected human rights cases before the superior courts to establish and advance judicial norms on human rights in nigeria law.
Jul 25, 2016 a public interest litigation pil can be filed in any high court or directly in the supreme court. Hindi how to file public interest litigation pil in india. The first chapter introduction deals the importance of public interest. In general terms it means a legal action initiated in the court of law for the protection of public interest. It is not a body of law or a legal field, matters lawyers work on. Public interest litigation in the supreme court of india clark d. Public interest litigation is essentially an american concept sourced and nurtured in that country. When court welcome public interest litigation, its attempt is to endure observance of social and economic programs frame for the benefits of havenots and the handicapped. Public interest law is a term that became widely adopted in the united states during and after the social turmoil of the 1960s. The concept of public interest litigation public interest litigation is not defined in any statute or act. In developing democracies, pil helps new constitutional principles and.
Khan published genesis and evolution of public interest litigation in the supreme court of pakistan. Mar 28, 2021 this chapter examines public interest litigation pil and its place in indian constitutional law. The foundation will establish a grant cycle for potential grant recipients to submit grant applications. Any public spirited citizen can moveapproach the court for the public cause or public interest or public welfare by filing a petition in the supreme court under art. Evolution and development of public interest litigation and the role. Nonpayment of minimum wages to workers and exploitation of casual workers and complaints of violation of labour laws except in individual cases.
Public interest litigation and social change in south africa. He is the dean faculty of legal studies and has been head of hamdard school of law at the hamdard university, karachi since october 2000. Evolution and development of public interest litigation and the role of the supreme court. The new position is that if a legal wrong is done to a person or a class of persons who, by reasons of poverty or any other disability, cannot approach a court of law for justice, it is open to any public spirited individual or a social action group to file a petition on his or their behalf. Prior to 1990, pil as now understood was unknown in any of james a. Public interest litigation pil has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. Public interest litigation pil is a legal measure that can be initiated in a court of law in the interest of nebulous entity or case in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. Public interest litigation is a court proceeding filed by any public spirited person to voice out the interest of the general public. A constitutional regime to access to justice in pakistan 171 article 1843 of the constitution and the pollution caused by smoke, emitting vehicle and traffic muddle was reckoned as a breach of statutory laws. Supreme court justice incorporated advocacy for the interests of the general public into his legal practice. Pil, for instance, offers a ladder to justice to disadvantaged sections of society, provides an avenue to enforce diffused or collective rights, and enables civil society to not only spread awareness. In this proceeding, the person fighting the litigation may not himself be the aggrieved person.
Public interest litigation got the momentum when the catalyst of the quetta declaration was signed by the judges of the supreme court and the higher courts. Public interest litigation pil refers to litigation undertaken to secure public interest and demonstrates the availability of justice to sociallydisadvantaged parties and was introduced by justice p. Public interest litigation atlantic philanthropies. The study was well received locally and internationally by public interest lawyers, the human rights sector more broadly, by academics and by. It was a revolutionary innovation which attempted to ensure implementation of rescue programs, framed for. This handbook on public interest litigation pil in kenya is a milestone in the history of pil in kenya. Public interest litigation has proved a boon for the common men. Article 32 of the indian constitution contains the tool which directly joins the public with the judiciary.
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