Reconsidering Public Interest Litigation (PIL) jurisdiction in India
Public Interest Litigation (PIL) emerged in the 1970s to widen access to justice for marginalized groups by relaxing locus standi rules. However, concerns about its misuse and judicial overreach have led to calls for reconsideration, particularly from the Union government. Anuj Bhuwania argues for PILs to be invoked by directly affected parties or those with clear interest, while Talha Abdul Rahman advocates retaining relaxed locus standi due to persistent structural barriers to justice. Both acknowledge the challenges of complex, polycentric disputes and the risk of judicial overreach. The discussion also covers "ambush PILs" and the need for clearer guidelines on the role of amicus curiae and reforms to strengthen PIL jurisdiction by focusing on challenging laws or executive actions rather than policy choices.
Key Points
- Public Interest Litigation (PIL) originated in the 1970s to enhance justice access for the marginalized by relaxing traditional locus standi rules.
- Concerns regarding PIL misuse, judicial overreach, and "agenda-driven litigation" have prompted calls for its reconsideration.
- Experts debate whether PILs should be restricted to directly affected parties or continue with relaxed standing rules given ongoing barriers to justice.
- The discussion highlights issues like courts handling complex disputes, the rise of "ambush PILs," and the need for clearer guidelines for amicus curiae.
- Reforms are suggested to strengthen PIL jurisdiction by focusing on challenging enacted laws or executive actions, rather than inviting courts to make policy choices.
Exam Facts
- Hussainara Khatoon & Ors. vs. Home Secretary, State of Bihar (1979) - landmark case for PIL.
- Sabarimala reference case - Union government urged reconsideration of PIL framework.
- Supreme Court Rules, 2013 - require writ petitions to identify violated fundamental rights.
- T.N. Godavarman Thirumulpad vs Union of India - example of amicus curiae role expansion.
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