ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Public Interest Litigation

Relaxed Locus Standi, Social Justice & Judicial Access

PART I — THE REVOLUTION OF ACCESS

EPISTOLARY JURISDICTION

The Origin

  • Originated in the USA, introduced in India in the early 1980s by **Justice V.R. Krishna Iyer and Justice P.N. Bhagwati**.
  • The SC innovated "Epistolary Jurisdiction," allowing **telegrams, postcards, and letters** addressed to the court to be treated as formal writ petitions.
  • It dispensed with the expensive, procedural technicalities of traditional litigation to make justice accessible to the poorest.
LOCUS STANDI RELAXED

Bridging the Gap

  • **Traditional Rule:** Only the person whose rights are infringed can move the court (*Locus Standi*).
  • **The PIL Exception:** The SC relaxed this rule. Now, **any public-spirited citizen or organization** can approach the court on behalf of those who cannot (due to poverty, ignorance, or social/economic disadvantage).
  • It shifts the focus from individual rights to the enforcement of constitutional obligations toward marginalized groups.

PART II — IMPACT & SAFEGUARDS

THE SCOPE

Social Justice in Action

  • PIL has been weaponized to secure massive social reforms and protect vulnerable populations.
  • **Key areas of intervention:** Abolishing bonded labor, releasing undertrials kept in prison longer than their maximum possible sentence, prison reforms, and preventing police atrocities.
  • It is also the primary tool used for **environmental protection** (e.g., M.C. Mehta cases against vehicular pollution and industrial effluents).
PRIVATE INTEREST LITIGATION

Misuse & Guidelines

  • PIL is often misused by individuals seeking publicity, or as "Private Interest Litigation" to settle political or corporate scores.
  • The SC laid down strict guidelines to prevent abuse: PILs must aim at redressal of genuine public harm, not personal gain or political malice.
  • The court can impose **heavy exemplary costs** on frivolous petitioners to deter the abuse of the judicial process.