UPPSC Mains 2020 Paper 2

"Every matter of Public Interest can not be a matter of Public Interest Litigation. "Evaluate.

Verified Answer

Public Interest Litigation (PIL) in India is a revolutionary legal tool that allows any public-spirited individual or organization to approach the court on behalf of a marginalized or aggrieved section of society, or to address issues of public importance. It emerged in the late 1970s and early 1980s as a means to ensure access to justice for all, especially those who could not approach the courts themselves due to socio-economic constraints. The Supreme Court and High Courts, through their power of judicial review, have used PIL to expand fundamental rights and hold the executive accountable.

However, the statement that "every matter of Public Interest cannot be a matter of Public Interest Litigation" is profoundly true and reflects the judiciary's efforts to maintain the sanctity and effectiveness of this powerful instrument. While the concept of locus standi (the right to bring an action or challenge a decision) was significantly relaxed for PIL, it was never meant to be entirely abandoned. The reasons why not every public interest matter qualifies for PIL are manifold:

  1. Preventing Misuse and Frivolous Petitions: The judiciary has observed a rise in frivolous PILs filed for personal gain, political vendettas, publicity stunts, or to settle private disputes. Allowing every public interest matter, no matter how trivial or self-serving, to be entertained as a PIL would clog the already overburdened judicial system and dilute the genuine purpose of PIL.

  2. Maintaining Judicial Discipline: Courts are primarily adjudicators of law, not policy-makers or executive bodies. While PIL allows for judicial activism, there is a fine line between activism and overreach. Courts are cautious not to step into the domain of the legislature or the executive, especially in matters requiring technical expertise, policy formulation, or resource allocation, which are best handled by elected representatives and administrative bodies.

  3. Availability of Alternative Remedies: Many issues of public interest can be addressed through existing administrative mechanisms, statutory bodies, or conventional litigation. PIL is generally considered a last resort when other remedies are ineffective or unavailable, particularly for the voiceless and vulnerable.

  4. Resource Constraints: The judiciary has limited resources, both in terms of time and personnel. Diverting these resources to matters that do not genuinely warrant PIL intervention would compromise the court's ability to address critical cases and deliver timely justice.

  5. Defining 'Public Interest': The term 'public interest' itself can be subjective. Courts have developed guidelines to determine what constitutes genuine public interest, focusing on issues that affect a large section of society, involve fundamental rights violations, or address systemic failures, rather than individual grievances or matters of private concern dressed up as public issues.

To address these concerns, the Supreme Court has laid down guidelines for entertaining PILs, emphasizing that the petitioner must act in good faith, without personal interest or ulterior motives, and that the issue must involve a substantial public injury or threat to public order, safety, or health. Courts often scrutinize the bona fides of the petitioner and the nature of the public interest involved before admitting a PIL.

In conclusion, while PIL remains a vital instrument for social justice and good governance, its judicious application is crucial. The judiciary's stance that not every public interest matter can be a PIL is a necessary safeguard to prevent its abuse, preserve its efficacy, and ensure that it continues to serve its intended purpose of protecting fundamental rights and promoting the welfare of the most vulnerable sections of society, without becoming a tool for personal agendas or an avenue for judicial overreach.