Public Interest Litigation (PIL) and Environmental Protection in India (With Landmark Cases)
Introduction
Public Interest Litigation (PIL) is one of the most significant developments in Indian judicial history. It is a mechanism through which courts protect public rights, especially the rights of weaker sections of society.
Public Interest Litigation can be described as an instrument of social justice. It ensures that justice is not limited only to the rich and powerful but is accessible to poor, disadvantaged and marginalized sections of society.
In People’s Union for Democratic Rights v. Union of India (AIR 1980 SC 1579), the Supreme Court emphasized that rule of law protects not only affluent sections but also weaker sections of society.
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Meaning and Definition of Public Interest Litigation
Public Interest Litigation means a litigation in which the interest of the wider public is involved.
In simple words, when a matter affects the public at large and any concerned person approaches the court for protection of such public interest, it is called Public Interest Litigation.
A person who is unable to approach the court due to poverty, disability or other reasons can be represented by another person or organization through PIL.
Thus, PIL ensures access to justice for all.
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Constitutional Basis of PIL
Public Interest Litigation fulfills the guarantee given under Article 39A of the Constitution, which states that no person shall be deprived of justice merely due to economic or other disabilities.
PIL is also connected with:-
•Article 21 – Right to Life
•Article 14 – Equality before Law
•Article 32 & 226 – Right to Constitutional Remedies
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Judicial Interpretation of PIL
In S.P. Gupta v. Union of India (AIR 1982 SC 803), the Supreme Court explained the essential conditions of Public Interest Litigation:
1. It must be in larger public interest.
2. It must not be politically motivated.
3. It must be filed in good faith.
4. It should not be for personal gain or private benefit.
Matters of purely private interest do not fall within PIL.
In Central Electricity Supply Utility of Odisha v. Dhobai Sahu (AIR 2014 Odisha 246), it was observed that PIL prevents abuse of executive powers.
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Public Interest Litigation in Environmental Matters
In recent years, environmental protection has become one of the most important areas of PIL. Courts have actively entertained PILs related to pollution, ecological imbalance, wildlife protection, and preservation of natural resources.
The scope of PIL in environmental matters has widened significantly.
In Digi Koli Society Mumbai Residents Association v. Union of India (AIR 2009 NOC 2876 Bom), the Bombay High Court observed that PIL in environmental protection has become very broad.
In Bombay Dyeing & Manufacturing Co. Ltd. v. Bombay Environmental Action Group (AIR 2006 SC 1489), the Supreme Court stated that although PIL has limitations, it is frequently used in environmental matters.
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Landmark Environmental PIL Cases
1. M.C. Mehta v. Union of India (Ganga Pollution Case) – AIR 1988 SC 1115
The Supreme Court held that any person concerned about pollution of river Ganga can file a PIL because the river is used by the public at large.
This case strengthened environmental awareness and judicial intervention.
2. Taj Trapezium Case – M.C. Mehta v. Union of India (AIR 1997 SC 734)
To protect the Taj Mahal from pollution, the Supreme Court ordered removal of about 292 factories from nearby areas.
The Court described the Taj Mahal as a priceless national heritage.
3. Municipal Council v. Birdhichand (AIR 1980 SC 1622)
The Supreme Court held that municipalities cannot escape responsibility for cleanliness and sanitation on the ground of lack of funds.
Environmental hygiene is a mandatory duty.
4. L.K. Koolwal v. State of Rajasthan (AIR 1988 Raj 2)
The Rajasthan High Court held that cleanliness and environmental health are part of Article 21 (Right to Life). Municipality cannot avoid its duty.
5. Indian Council for Enviro-Legal Action v. Union of India (AIR 1996 SC 1441)
The Supreme Court ordered closure of polluting chemical industries in Bichhadi village, Rajasthan, and imposed compensation.
Pollution of air and water was declared fatal to mankind.
6. Intellectual Forum v. State of Andhra Pradesh (AIR 2006 SC 1350)
The Court held that ponds and water bodies must be protected by the State. Protection of historical water resources is a constitutional obligation.
7. Jammu & Kashmir Council v. State (AIR 2003 NOC 256 J&K)
Right to use pollution-free water is a matter of public interest and can be raised through PIL.
8. Ranganath v. State of Tamil Nadu (AIR 2016 NOC 185 Madras)
The Madras High Court emphasized conservation of lakes and water bodies.
9. Wing Commander Utpal Barbara v. State of Assam (AIR 1999 Guwahati 78)
Polythene bags were recognized as environmental pollutants.
10. Hesal Ben Jitendra Kumar Vyas v. Police Inspector (AIR 2006 Gujarat 97)
Smoke from fireworks was considered environmental pollution.
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Importance of PIL in Environmental Protection
Public Interest Litigation has:
•Strengthened environmental laws
•Provided access to justice to common citizens
•Ensured accountability of government authorities
•Protected rivers, forests, monuments and wildlife
•Promoted environmental awareness
Without PIL, many environmental violations would have gone unchecked.
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⚖️ PIL Filing Process (Explained in Simple Steps)
1️⃣ Cause of Public Interest Identified
•Issue affects large section of society
•Relates to violation of fundamental rights (Article 21, etc.)
•Example: Environmental pollution, illegal mining, river contamination
2️⃣ Collection of Evidence
•Newspaper reports
•Photographs
•Government documents
•Expert reports
3️⃣ Drafting of Petition
•Filed under:
-Article 32 → Before Supreme Court of India
-Article 226 → Before concerned High Court
•Must show:
-Public interest involved
-No personal gain
-Good faith
4️⃣ Filing in Court Registry
•Petition submitted with:
-Affidavit
-Court fees (minimal)
-Supporting documents
5️⃣ Preliminary Hearing (Admission Stage)
•Court checks:
-Is it genuine public interest?
-Is it politically motivated?
•Court may dismiss or admit the PIL.
6️⃣ Notice Issued to Respondents
•Government / Authority asked to respond.
7️⃣ Arguments & Evidence Stage
•Both sides present arguments.
•Court may appoint expert committees (especially in environmental cases).
8️⃣ Final Judgment / Directions
Court may:-
•Issue Writs (Mandamus, Certiorari, etc.)
•Order compensation
•Direct closure of polluting industries
•Appoint monitoring committees
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Conclusion
Public Interest Litigation has played a revolutionary role in environmental protection in India. It has expanded the scope of Article 21 and ensured that environmental protection is treated as a constitutional responsibility.
Through PIL, courts have protected rivers, lakes, forests, historical monuments and public health. It can rightly be said that PIL has become a powerful weapon in the hands of judiciary for environmental justice.
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Frequently Asked Questions (FAQs)
Q1. What is Public Interest Litigation?
-It is a litigation filed in larger public interest to protect rights of society.
Q2. Who can file a PIL?
-Any public-spirited person or organization.
Q3. Is environmental protection covered under PIL?
-Yes, environmental matters are commonly raised through PIL.
Q4. Which Article supports PIL?
-Article 32, 226 and Article 39A.
Q5. Can private disputes be filed as PIL?
-No, PIL must involve public interest.
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Important MCQs on PIL and Environment
1. Public Interest Litigation was expanded in which case?
(a) S.P. Gupta v. Union of India
(b) Kesavananda Bharati
(c) Golaknath
(d) Minerva Mills
Answer: (a)
2. Ganga Pollution Case is related to:
(a) Noise pollution
(b) River pollution
(c) Forest land
(d) Mining
Answer: (b)
3. Taj Trapezium Case relates to protection of:
(a) River Ganga
(b) Taj Mahal
(c) Forest land
(d) Wildlife
Answer: (b)
4. Article 39A relates to:
(a) Equality
(b) Directive Principles
(c) Free Legal Aid
(d) Fundamental Duty
Answer: (c)
5. Municipality cannot avoid cleanliness duty on ground of lack of funds was held in:
(a) Koolwal Case
(b) Birdhichand Case
(c) Ganga Case
(d) Taj Case
Answer: (b)
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