THE LAWWAY WITH LAWYERS JOURNAL 

VOLUME:-24 ISSUE NO:- 24 ,JUNE 1, 2025

 ISSN (ONLINE):- 2584-1106 

Website: www.the lawway with lawyers.com 

Email: thelawwaywithelawyers@gmail.com 

Authored By :- Veerbhan

THE ROLE OF PUBLIC INTEREST LITIGATION IN ENVIRONMENTAL PROTECTION

 

 

ABSTRACT 

Public Interest Litigation (PIL) has emerged as a powerful tool for environmental protection, enabling citizens and organisations to approach courts directly to address ecological concerns and ensure adherence to environmental laws.. This article explores the pivotal role PIL plays in safeguarding natural resources, combating environmental degradation, and promoting sustainable development. By analysing landmark cases and legal frameworks, it highlights how PIL bridges the gap between public welfare and judicial activism, fostering accountability among policymakers and industries alike. This article focuses on the interface between law and environmental justice, highlighting the importance of PIL as a mechanism to strengthen communities and protect the planet for future generations.

Keyword: – Public interest Litigation, Environmental Protection 

 

INTRODUCTION 

Public Interest Litigation is a Legal instrument which brings new changes and social welfare. No definition of Public Interest litigation is given under any act or statute. PIL helps to provide relief to those members of society who cannot afford to go to court on their own due to socioeconomic barriers. PIL provides a wider explanation of Article 14- Right to Equality and Article 21- Right to Life and Personal Liberty guaranteed in the Fundamental Rights of the Indian Constitution. PIL can be filed in diverse areas. Such as 

• Violation of human Rights.  
• Violation of the Fundamental Rights 
• To question the policy and work of any government.  

 

Meaning of Public Interest Litigation 

PIL is a legal mechanism wherein any person or any group move to the Court for the enforcement of the rights of any individual person or group of persons. The PIL concept is taken from the U.S.A. The Supreme Court has defined PIL as “a legal action taken in the court for the implementation of a general interest in which the public or a large number of people and their legal rights are affected”. 

In “Hussainara Khatoon v. State of Bihar” The court allowed a trade union to represent a group of workers in dispute. It was the first time that the court allowed a petitioner to bring a case on behalf of another group. The Supreme Court held that speedy justice is a fundamental right. 

The new era of PIL was started by Justice P.N. Bhagawati in the case “S.P. Gupta v. Union of India.” It was held that “any person can invoke the writ jurisdiction of the High Court (article 226) or the Supreme Court (Article 32) seeking redressal against a violation of a legal right of a person who can’t approach the court due to economic, social or any other reasons. 

Through these judgements, PIL became a tool for the enforcement of “public right and their duties”. As a result, any person can approach the court to seek legal remedies in cases where public rights are violated. 

The following are features of PIL. 

• Locus Standi: In traditional legal proceedings, the petitioner must have a direct personal stake in the case is very important. However, Public Interest Litigation in India relaxes this requirement, allowing any public, individual or organisation to file a petition on behalf of those who cannot fight for themselves. This ensures access to justice for marginalised groups, environmental protection, and governmental accountability. 

• Judicial Activism: Public Interest Litigation is a tool of judicial activism. It addresses social and environmental issues. The court can not only issue a ruling but also oversee its execution and ensure compliance and justice. By intervening in public matters, the Judiciary play a proactive role in safeguarding rights and enforcing accountability, reinforcing the rule of law for social welfare. 

1. Broad Scope: Public Interest Litigation (PIL) serves as a bridge between human rights and environmental concerns, public funds and private businesses, as well as consumer rights and commercialisation. With its wide-ranging impact, PIL allows the judiciary to intervene in systemic issues affecting society, ensuring accountability and fairness while protecting fundamental rights and public welfare.

 

1. Flexibility in Procedure: The procedural norms in Public Interest Litigation (PIL) are more flexible compared to conventional legal proceedings. Unlike traditional litigation, courts in PIL cases can consider various sources such as letters, media reports, and public interest findings as legitimate grounds for initiating a case. This relaxed approach enables broader access to justice, allowing individuals and organisations to highlight pressing social issues without rigid legal formalities. By acknowledging unconventional petitions, the judiciary ensures that significant matters affecting public welfare receive necessary attention and intervention, promoting accountability and fairness.

 

1. Collective Rights: Public Interest Litigation (PIL) prioritises collective rights and societal well-being over individual benefits. It aims to bring justice to disadvantaged and marginalised communities by addressing larger systemic issues. By challenging widespread social injustices, PIL serves as a tool for legal empowerment, ensuring that the judiciary intervenes where necessary to correct imbalances and promote fairness. Its broader scope enables courts to tackle deep-rooted societal evils, fostering accountability and equitable access to justice for those who may otherwise remain unheard. 

 

CONSTITUTIONAL PROVISION REGARDING ENVIRONMENTAL PROTECTION 

• Article 14:–  Article 14 granted Equality before the law and equal protection under the law. States must take fair action regarding environmental protection.

• Article 21:- Article 21 granted that every person shall be deprived of his life or personal liberty except according to procedure established by law. In Maneka Gandhi vs Union of India, the Supreme Court expanded the scope of Article 21. The right to a safe, healthy environment and the right to life with human dignity are added in Article 21.

• Article 48-A:- The State is responsible for the protection and improvement of the environment and for protecting the forests and wildlife of the country. Through the 42nd Amendment, 1976, this article was added to the Constitution. 

 

• Article 51-A (G):– It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, ponds. Through the 42nd Amendment, 1976, this article was added to the Constitution. 

 

LEGISLATIVE PROVISIONS FOR ENVIRONMENTAL PROTECTION 

There are the following legal statutes that directly deal with environmental crimes. 

• The Indian Forests Act, 1927: It was one of the pre-constitution legislations. This act was passed to preserve and safeguard the Forests in India. 

 

• The Water (Prevention and Control of Pollution) Act, 1974: The act describes the punishments for discharging waste into water bodies. Especially Central Pollution Board and the State Pollution Board were established to control environmental pollution. 

 

• The Forest (Conservation) Act, 1980: Article 51-A(G) states that every person must protect forests and wildlife. The main purpose of this act is to stop the use of forest land for non-forest activities. 

 

• The Air (Prevention and Control of Pollution) Act, 1981: This act regulates air pollution. This act sets conditions for air quality as well. The Central and State pollution boards have a duty to maintain good air quality for people by implementing fines on industries which pollute the air.

 

• The Environment (Protection) Act, 1986: This act gives power to the central govt to prevent land for the use of industry, control and decrease environmental pollution and protect the environment. 

• The National Green Tribunal Act, 2000: The National Green Tribunal Act, 2010 was enacted to establish the National Green Tribunal (NGT), a specialised body for handling environmental disputes efficiently. The Act empowers the tribunal to address cases related to environmental protection, conservation of forests, and natural resources. It follows principles like sustainable development, the precautionary principle, and the polluter pays principle

 

IMPORTANCE OF PIL FOR ENVIRONMENTAL PROTECTION 

Public Interest Litigation allows every person, group or society member to approach the court on a violation of environmental fundamental rights & laws.. PIL is often used to solve problems related to environmental protection, pollution prevention, natural resource conservation and sustainable development. PIL helps to promote the transparency and responsibilities of management by taking responsibility for environmental protection and national institutions in their activities. The PIL of Environmental Law also helped to raise citizens’ perceptions of environmental problems and their rights. Those who were granted this authority tried to take measures against environmental violations and compensate for the judiciary. PIL can be filed on environmental damage in the following conditions. 

• Causes environmental pollution in any way that can endanger the public.
• If there is a contradiction between religious rights and environmental rights, environmental problems arise.
• PILs can be filed against any state and any private organisations that violate environmental fundamental laws or destroy the environment. Public Interest Litigation is often used to solve problems related to the environment, such as air pollution, water pollution,  natural resource preservation and sustainable development for the country.
• A PIL can be filed against any municipal corporation if it fails to perform its duties. 

For the Protection of the environment, many cases have been filed with the help of Public interest litigation. These cases show the importance of PIL in environmental protection. 

 

IMPORTANT LANDMARK JUDGMENTS

THE following landmark judgments are given by the court through the use of Public interest litigation in environmental law.. 

In Rural Litigation and Entitlement, Kendra v. State of Uttar Pradesh, (Dehradun lime stone quarrying case, the court prohibited blasting in mines due to safety standards. The court appointed a committee (Bhargava Committee). After reviewing the committee report, the court held that the mining in the Valley should cease. 

In M.C Mehta v Union of India, (Shriram Food and Fertiliser case, the Supreme Court directed to take all safety measures be taken for workers and people who live in that area before reopening the company where hazardous and noxious chemical gases are generated. 

In M.C. Mehta & ANR. ETC. v Union of India, (Ganga Pollution Case, the Supreme Court ordered to restrict all the waste in Jajmau which were polluting the river Ganga. A social worker filed a PIL regarding the Ganges River pollution. The court held that the government don’t take any action to stop these activities, Kanpur. In that situation, it was held that the court had the power to pass the order of closing the leather work factories unless they took steps to set up treatment plants. 

In Vellore Citizens Welfare Forum v. Union of India and others, the Supreme Court restricted the discharge of untreated effluent in the Polar River by industries and tanners in Tamil Nadu. The Supreme Court formed a committee regarding this matter. The Supreme Court announced a decision to emphasise the importance of achieving harmony between economic development and public welfare after taking into account the report submitted by the Commission. A new principle, “Polluter Pays”, was introduced by the court in this case, which states that every person is liable to pay the remedial or clean-up costs as well as the amounts payable to the victim of pollution in the form of compensation. 

In M. C. Mehta v. Kamal Nath & OthersThe Supreme Court suggested the doctrine of public trust; the public trust means natural resources which is free to use by the public. Natural Resources have great importance for all people; they can’t be subjected to private property. However, the state must maintain them properly. 

In M.C. Mehta v. Union of India (vehicular pollution case), The Supreme Court held that the Indian constitution acknowledges the importance of environmental protection, life, by Article 51A and DPSP.  A committee was created to control the pollution in Delhi, which was caused by vehicles. The committee is obliged to find technology to reduce vehicle pollution and find methods and solutions to reduce pollution from vehicles. The committee is obligated to submit a report within two months to the court.

In M.C. Mehta v. Kamal NathThe Supreme Court held that environmental pollution is a tort against society, the committee and the court. In Proceedings under Article 32 or Article 226, punitive damages are imposed on the person who is guilty of damaging the environment. 

In Indian Council for Environment Legal Action v. Union of India, The Supreme Court has issued orders and instructions for enforcing the law to protect ecology. This case was filed by the organisation through Public Interest Litigation.

 

CRITICISM AND CHALLENGES OF PIL IN ENVIRONMENTAL PROTECTION 

There are the following challenges and criticisms of PIL in environmental protection. 

• Judicial Overreach: Some critics contend that judicial involvement in environmental issues may lead to judicial overreach, where courts make decisions that ideally fall within the authority of the executive or legislature. When industries or development projects face restrictions imposed by judicial rulings, concerns arise regarding their economic impact. Opponents argue that such interventions may hinder industrial growth, job creation, and infrastructure development, highlighting the need for a balanced approach between environmental protection and economic progress

• Delayed Implementation: Despite several landmark rulings through Public Interest Litigation (PIL), the execution of these decisions remains problematic. Many judicial directives face delays or non-compliance from government authorities, reducing their real-world effectiveness. The lack of timely implementation often undermines the intended impact, limiting PIL’s ability to drive meaningful change. Administrative inefficiencies and bureaucratic hurdles further slow progress, making judicial orders less effective in addressing systemic social and environmental issues.

1. Overburdened Judiciary: With the growing number of Public Interest Litigations (PILs) concerning environmental issues, courts are becoming overloaded with cases, straining judicial resources. This case backlog results in delays in resolving crucial environmental disputes, often reducing the impact of judicial intervention. Slow proceedings can hinder timely action against environmental violations, limiting the judiciary’s ability to effectively enforce laws. As environmental challenges demand swift resolution, the increasing workload poses a significant hurdle to ensuring meaningful legal enforcement
2. Misuse of PIL: Public Interest Litigation (PIL) has, at times, been exploited by individuals seeking personal or political advantage rather than addressing genuine public concerns. This misuse dilutes the effectiveness of PIL as an instrument for environmental protection, diverting judicial attention from pressing ecological issues. When frivolous or self-serving petitions flood the courts, they burden the legal system and diminish trust in PIL as a means of promoting justice. Ensuring stricter scrutiny of PIL filings can help maintain their credibility and purpose in safeguarding public welfare

 

FINDINGS 

Public Interest Litigation (PIL) has significantly contributed to environmental protection in India, as evident from various landmark cases. Judicial interventions have strengthened the enforcement of environmental laws and led to the evolution of legal principles that emphasise sustainability. Courts have played a proactive role in addressing ecological concerns, ensuring accountability from industries and government bodies. However, despite its impact, PIL faces challenges that hinder its effectiveness. Delayed implementation of court directives often reduces the real-world impact of judicial rulings. Additionally, concerns about judicial overreach arise when courts intervene in matters traditionally handled by the executive or legislature, sometimes affecting economic development. Furthermore, PIL has occasionally been misused by individuals or groups for personal or political motives rather than genuine public welfare, undermining its credibility. While PIL remains a powerful tool for environmental justice, ensuring its responsible use and improving the execution of judicial orders are essential for maximising its effectiveness in safeguarding India’s natural resources

 

CONCLUSION

Public Interest Litigation plays an important role in the protection of the environment. PIL has played an important role as a catalyst for strict compliance with existing environmental law. This puts a priority on sustainability according to the responsibility between industrialists and local administrations. But PIL has made considerable judgment and perception, but this is no problem. Problems, such as frivolous tests and delays in the resolution, sometimes damage the effect. The Supreme Court and the High Court have passed many decisions, orders or directions from time to time to check the damage to the environment pollution through Public Interest Litigation. Nowadays, PIL is used to raise issues regarding environmental pollution. Protecting the Environment is not only the Supreme Court’s duty, but it is the duty of every citizen.