ROLE OF PUBLIC INTEREST LITIGATION IN ADMINISTRATIVE LAW

Abstract

The Public Interest Litigation (PIL) interestingly began in USA in the 1960s.  

Judiciary counselors and the general population who were delicate to the reason for the underprivileged groups in USA started this methodology. Public Interest Litigation is another element in India's judiciary framework. In our nation it appeared amid the late 1970s and the 1980s. Justice Krishna Iyer  first sowed the seed of the Public Interest Litigation in India in 1976 in Mumbai Kamgar Sabha v. Abdul Bhai. In any case, in that Judgment Justice did not utilize the wording "Public Interest Litigation". Yet, in the praised instance of Fertilizer Corporation Kamgar Union v. Union of India, Justice Iyer utilized the wording "Public Interest Litigation". In this specific judgment he utilized the expression 'Epistolary Jurisdiction'. The Hon‟ble Supreme Court held that the technique must be casual to meet the ends of justice.  

The idea of Public Interest Litigation took its roots immovably in the Indian Judiciary System strictly when the time of post emergency. Amid the time of emergency in 1975 the rule of law endured a fractional overshadowing and any individual who restricted the activity of the legislature was susceptible to police action. This brought about outbreak of solicitors in the Hon‟ble High Courts and the Hon‟ble Supreme Court under Articles 226 and 32 of the Constitution separately as Habeas Corpus. The Government of India contended that Article 21 of the Constitution ensuring right to life had been suspended for the term of emergency. The Government of India needed what is known as a „Committed Judiciary‟ and as needs be Justice A.N. Ray was named as the Chief Justice of India by superseding three senior associates Justice Shelat, Justice Hegde and Justice Grover. The Apex Court lost its believability when in A.D.M. Jabalpur v. Shrikant Shukla, famously known as Habeas Corpus Case, completely deserted its obligation towards the assurance of individual freedom.