THE INDIAN HISTORY

1. EXPLAINED: RECALLING ‘QUIT INDIA’, WHEN ORDINARY INDIANS TOOK TO THE STREETS WITH A VOW TO ‘DO OR DIE’

THE CONTEXT: On this day 80 years ago — on August 9, 1942 — the people of India launched the decisive final phase of the struggle for independence. It was a mass upsurge against colonial rule on a scale not seen earlier, and it sent out the unmistakable message that the sun was about to set on the British Empire in India.
THE EXPLANATION:
About Quit India Movement:
• The call for Quit India Movement was given on August 8, 1942 by Mahatma Gandhi in a bid to end the British rule in India. the movement was launched at Mumbai session of the All-India Congress Committee. In the speech at August Kranti Maidan (Gowalia Tank maidan) in Mumbai, Mahatma Gandhi made a called for “Do or Die for Independence”.
• During the movement, Aruna Asaf Ali hoisted the Indian flag at the August Kranti Maidan. Yusuf Meherally is also associated with the Movement, who gave the slogan of “Quit India” and “Simon Go Back”. This movement aimed at asking the British to grant Independence to India.
Immediate cause of Quit India Movement
• Immediate cause for Quit India failure of Cripps Mission, that was sent under Stafford Cripps to resolve the Indian question regarding new constitution and self-government. Cripps Mission failed because it did not offer complete freedom to India. It was for ‘Dominion Status to India’ along with partition.
Failure of the Quit India Movement
• The Quit India Movement was supposed to be a peaceful and non-violent movement. But it witnessed violence at some places. Furthermore, Muslim League, Hindu Mahasabha and the Communist Party of India did not extended support to it. As a result, movement was suppressed by British, violently.
Gandhi’s address: Do or Die
• On August 8, 1942, Gandhi addressed the people in the Gowalia Tank maidan in Bombay (Mumbai). “Here is a mantra, a short one, that I give you. Imprint it on your hearts, so that in every breath you give expression to it,” he said.
• “The mantra is: ‘Do or Die’. We shall either free India or die trying; we shall not live to see the perpetuation of our slavery,” Gandhi said. Aruna Asaf Ali hoisted the Tricolour on the ground. The Quit India movement had been officially announced.

THE INDIAN POLITY AND GOVERNANCE

2. MANIPUR’S NRC EXERCISE

THE CONTEXT: On July 5, the 60-member Manipur Assembly resolved to implement the National Register of Citizens (NRC) and establish a State Population Commission (SPC).
THE EXPLANATION:
• The approval to a couple of private member resolutions moved by Janata Dal (United) MLA, came after more than two dozen organizations, most of them tribal, demanded an Assam-like NRC to protect the indigenous people from a perceived demographic invasion by “non-local residents”.
• The National Register of Citizens (NRC) is a register of all Indian citizens whose creation is mandated by the 2003 amendment of the Citizenship Act, 1955.
• The register was first prepared after the 1951 Census of India.
• Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
• It has been implemented for the state of Assam starting in 2013–2014.
• The GoI announced plans to implement it for the rest of the country in 2021, but it has not yet been implemented.

NRC and Assam
• Assam, being a border state with unique problems of illegal immigration, had a register of citizens created for it in 1951 based on the 1951 census data.
• However, it was not maintained afterwards.
• For decades, the presence of migrants, often called “bahiragat” or outsiders, has been a loaded issue here.
• The Illegal Migrants (Determination by Tribunal) Act, 1983 was then passed by the Parliament, creating a separate tribunal process for identifying illegal migrants in Assam.
• The Supreme Court struck it down as unconstitutional in 2005, after which the Centre agreed to update the Assam NRC.
Who is a Foreigner in Assam?
• The National Register of Citizens now takes its definition of illegal immigrants from the Assam Accord – anyone who cannot prove that they or their ancestors entered the country before the midnight of March 24, 1971, would be declared a foreigner and face deportation.
• Those who entered on or after March 25, 1971, the eve of the Bangladesh War, would be declared foreigners and deported.
• This means you could be born in India in 1971 to parents who crossed the border in that year, and still be termed an illegal immigrant at the age of 48.
CAA and NRC protests
• These were a series of protests in India against the Citizenship (Amendment) Act, 2019 which was enacted into law on December 12, 2019, and against the nationwide implementation of the NRC.
• Protesters in all regions are concerned that the upcoming compilation of the National Register of Citizens might be used to deprive a community of its Indian citizenship.
VALUE ADDITION:
National Population Register (NPR)
• The NPR is a database containing a list of all usual residents of the country.
• Its objective is to have a comprehensive identity database of people residing in the country.
• It is generated through house-to-house enumeration during the “house-listing” phase of the census, which is held once in 10 years.
• A usual resident for the purposes of NPR is a person who has resided in a place for six months or more, and intends to reside there for another six months or more.
• Once the basic details of the head of the family are taken by the enumerator, an acknowledgement slip will be issued. This slip may be required for enrolment in NPR, whenever that process begins.
• And, once the details are recorded in every local (village or ward), sub-district (tehsil or taluk), district and State level, there will be a population register at each of these levels.
• Together, they constitute the National Population Register.

3. NITI AAYOG GOVERNING COUNCIL MEETING

THE CONTEXT: Recently, the 7th Governing Council meeting was held at Rashtrapati Bhawan Cultural Centre in New Delhi. It was chaired by Prime Minister. It was the first in-person meeting of the council since July 2019.
THE EXPLANATION:
Agenda of the NITI Aayog meeting were;
• To achieve self-sufficiency in pulses, oilseeds & other agri-communities.
• Issues of crop diversification and National Education Policy were also discussed, besides the Urban Governance.
• States’ interventions were moderated by Defence Minister.
• External Affairs Minister gave presentation on India’s G20 presidency from December 1, 2022, to November 30, 2023.
• Discussions on ‘ongoing controversy related to freebies’ could not held.
• Many states raised concerns on Minimum support price for farmers, review of GST, shortage of IAS officers, and increased allocation of funds for states.
• NITI Aayog will increase its outreach to states on how it could collaborate with them further.
• They discussed on how to lower down dependence imported edible oils, from 50 % to 25% in coming years.
• During the meeting, PM note that, every state played a significant role in fight against Covid-19. India’s federal structure and cooperative federalism have become a model for the world during covid pandemic.
NITI Aayog’s Governing Council:
Members of the Governing Council of NITI Aayog include-
• Prime Minister of India
• Chief Ministers of all States and Union Territories with legislature
• Ex-Officio Members
• Lt Governors of Union Territories
• Vice Chairman of NITI Aayog
• Full-Time Members of NITI Aayog and
• Special Invitees.

THE SECURITY AFFAIRS

4. INDIAN ARMY ‘SKYLIGHT’ MEGA- EXERCISE

THE CONTEXT: The Indian Army recently conducted “Skylight Mega-Exercise”, to enhance its space domain capabilities. It was first of its kind large-scale exercise. Skylight exercise was aimed at testing operational readiness of satellite communication assets and giving training to personnel manning these assets.
THE EXPLANATION:
• Skylight Mega-Exercise was pan-India exercise, covering Lakshadweep and Andaman Islands. It also covered high reaches of India’s northern borders where Indian Army had activated all satellite communication assets from July 25-29, 2022.
• During the exercise, several technical and operational scenarios in space domain were pointed up.
• The exercise witnessed the participation of ISRO and other agencies responsible for space & ground segments.
• More than 280 platforms were checked in field formations.
• Indian Army makes use of services of a number of satellites by ISRO. These satellites are used to connect multiple communication terminals of different types, including transportable vehicle mounted terminals, static terminals, small form factor etc.
Communication Satellite of Indian Army:
Satellite communication networks are being used by The Indian Army across some of the remote border areas. On the other hand, Navy and Air Force have satellite of their own. Thus, Indian Army is also working to have its own communication satellite, called GSAT-7B, by 2025. Indian Army got the nod from Defence Acquisition Council to work on Satellite GSAT-7B in March 2022.
About GSAT-7B Satellite:
The GSAT-7B satellite is an indigenous multiband satellite, that has been designed with advanced security features. Satellite will extend support to tactical communication needs of the troops deployed on the ground as well remotely piloted air defence weapons, aircraft, & other mission.

THE GOVERNMENT SCHEMES AND INITIATIVES IN NEWS

5. THE PARVAZ MARKET LINKAGE SCHEME

THE CONTEXT: Government of Jammu & Kashmir launched the “PARVAZ Market Linkage Scheme” recently. This is an innovative Market Linkage scheme, having tremendous potential to uplift the economic conditions of farmers across Jammu and Kashmir.
THE EXPLANATION:
About PARVAZ Market Linkage Scheme:
• The PARVAZ scheme was launched with the aim of creating market linkage support for shipment of Agriculture & Horticulture perishables from Jammu and Kashmir.
• Under the scheme, government will provide a subsidy of 25% on freight charges, in a bid to carry perishable fruits through Air Cargo. Subsidy will be provided to farmers through Direct Benefit Transfer mode.
• Scheme is being implemented by Jammu & Kashmir Horticultural Produce Marketing and Processing Corporation (JKHPMC).
• JKHPMC is spreading awareness among farmers regarding the significance of PARVAZ scheme so that they could benefit from it.
Significance of the Scheme:
Government has made the documentation work related to scheme simple and easy. Farmers will get the subsidy on time, under the scheme. This scheme seeks to benefit the farmers in doubling their income. Thus, it will ensure economic and social welfare of the farmers. They will receive the price of their produce directly in bank account and no intermediary will get involved.

THE PRELIMS PERSPECTIVE

6. AUGUST 7: NATIONAL HANDLOOM DAY

THE CONTEXT: National Handloom Day is celebrated in India on August 7, every year. The day highlights the contribution of handloom industry in socio-economic development of India. It also raises awareness among people regarding the handloom industry. Ministry of Textile is the nodal agency of the celebration.
THE EXPLANATION:
About Indian handloom Industry:
• Handloom Industry is the largest industry in India.
• Products manufactured by weaving community of this sector are popular worldwide.
• It is a significant employment source across rural areas of India.
• This sector is an important player in women empowerment. 70% of all weavers and allied workers are women.
• Indian handloom sector exports its products to more than 20 countries worldwide, like the UK, the USA, France, Germany, and South Africa.
HISTORY OF THE DAY
• India’s handloom industry played a significant role in Swadeshi Movement, which was launched on August 7, 1905.
• Swadeshi movement was aimed at curbing dependency on foreign goods and boosting domestic production.
• As a part of the movement, production of khadi started in almost every household.
• When India got independence, Indian flag made of Khadi was unfurled near India Gate.
• Thus, the National Handloom Day is celebrated on August 7, the same day when Swadeshi Movement was started.
• First National Handloom Day was celebrated on August 7, 2015; in Chennai.
• National Handloom Day is observed in the honour handloom weaving community. The day highlights the contribution weaving community across several sectors of India, including rural employment. The day also seeks to protect the rich handloom heritage of India as well as to empower handloom community by providing better opportunities.

THE NEWS IN NUMBERS

7. INFRA ASSETS MONETISED

1.62 In ₹ lakh crore, the worth of infrastructure assets expected to be monetised during FY22-23. The government had last year announced a ₹6 lakh crore National Monetisation Pipeline to unlock value in infrastructure assets across sectors till 2025. Minister of State for Finance said about ₹97,000 crore worth of public assets were monetised in the last fiscal. The proposed transactions include highway TOT bundles and InvIT future rounds, redevelopment of sports stadia etc.

8. SCHEME FOR BEEDI WORKERS

49.82 In lakh, the number of ‘beedi’ workers and their families in India, for whom the Centre is running a labour welfare scheme, according to Union Labour and Employment Minister . He said the scheme envisages health care facilities, scholarships and housing for the workers. He added that under the scheme, health care facility is provided to ‘beedi’ workers and their families within a network of 285 dispensaries and 10 hospitals across the country.

9. INSOLVENCY CASES

1,999 The number of cases of corporate insolvency resolution processes (CIRP) going on under the insolvency law as of June this year out of which only 436 are in the real estate sector. These resolutions are done under the Insolvency and Bankruptcy Code which provides for resolutions through a market-driven process. The Minister of State for Corporate Affairs said that the time taken for CIRP depended on factors such as market sentiments, marketing efforts and so on.

GRAPHICALLY SPEAKING: CONSUMER CONFIDENCE SURVEY 2022

1. Like a candle, burn to show light to others READ MORE
2. Is religious freedom waning? READ MORE
3. SHARING HAPPINESS GIVES GREATEST JOYS READ MORE

1. Launch a national tribal health mission READ MORE
2. A law, without a flaw: The SC has put unmarried women on an equal footing in availing abortion services READ MORE
3. Crimes against children: Abuse, exploitation of kids is detestable READ MORE
4. Is religious freedom waning? READ MORE

1. Third heatwave of this summer hits Europe, may be prolonged but less intense than July READ MORE
2. Climate Change May Increase Mortality Rate by 6 Times Due to Excess Heat: Lancet Study READ MORE

1. PMLA verdict — due process will be bulldozed: The problem of the process being the punishment, which is present in the criminal justice system, can be aggravated READ MORE
2. Talk for India: PM, CMs must meet regularly. It will help solve issues like resource sharing. Politics shouldn’t be a bar READ MORE
3. Ease of justice wanted for undertrials READ MORE
4. Building blocks: Cooperative federalism needs institutional structures READ MORE
5. Punished without trial: How India’s political prisoners are being denied basic rights in jail READ MORE
6. Revisiting Shreya Singhal versus Union of India: A not so bright spot in the free speech jurisprudence of India READ MORE
7. Cyber security versus right to privacy: Some global concerns READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. Lok Sabha passes Bill to establish carbon markets READ MORE
2. Idol Wing CID police trace Parvati idol of Chola temple in Bonhams auction house in New York READ MORE
3. Nepal approves India’s hydropower board to study, develop West Seti project READ MORE
4. Russia suspends START arms inspections over U.S. travel curbs READ MORE
5. Monsoon Session adjourned 4 days ahead of schedule READ MORE
6. Hyper-local weather advisories help Bengal farmers cut costs READ MORE
7. Bharat Bill Payment System to help NRIs pay bills in India READ MORE

Main Exam

1. Launch a national tribal health mission READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. PMLA verdict — due process will be bulldozed: The problem of the process being the punishment, which is present in the criminal justice system, can be aggravated READ MORE
2. Talk for India: PM, CMs must meet regularly. It will help solve issues like resource sharing. Politics shouldn’t be a bar READ MORE
3. Ease of justice wanted for undertrials READ MORE
4. Building blocks: Cooperative federalism needs institutional structures READ MORE
5. Punished without trial: How India’s political prisoners are being denied basic rights in jail READ MORE
6. Revisiting Shreya Singhal versus Union of India: A not so bright spot in the free speech jurisprudence of India READ MORE
7. Cyber security versus right to privacy: Some global concerns READ MORE

SOCIAL ISSUES

1. A law, without a flaw: The SC has put unmarried women on an equal footing in availing abortion services READ MORE
2. Crimes against children: Abuse, exploitation of kids is detestable READ MORE

INTERNATIONAL ISSUES

1. China-US Tensions a Moment of Reckoning for the Indo-Pacific Order READ MORE
2. India’s Latest Concerns With the China-Pakistan Economic Corridor READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. Macrovariable projections in uncertain times: International factors and faulty data will impact India’s projections of GDP, inflation and balance of payments READ MORE
2. The fight for fiscal autonomy: The erosion of fiscal autonomy does not bode well for our federal structure and will thwart the growth of developed States READ MORE
3. Rising US-China tensions can boost Indian manufacturing READ MORE

ENVIRONMENT AND ECOLOGY

1. Third heatwave of this summer hits Europe, may be prolonged but less intense than July READ MORE
2. Climate Change May Increase Mortality Rate by 6 Times Due to Excess Heat: Lancet Study READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Like a candle, burn to show light to others READ MORE
2. Is religious freedom waning? READ MORE
3. SHARING HAPPINESS GIVES GREATEST JOYS READ MORE

IMPORTANT ARTICLES FOR ESSAY

1. Sable and a new era for Indian athletics READ MORE

Questions for the MAIN exam

1. ‘Justice is the law’s ultimate purpose, but it is sometimes an insufficient instrument for pursuing justice’. In the light of the statement discuss the need for a reformed bail law for India.
2. ‘India should not lose strategic focus as it finds its feet in the global order’. In the light of the statement examine why India pursue its neighbourhood policy in the first place in its strategic relations.

QUOTATIONS AND CAPTIONS

• When the storytelling goes bad in a society, the result is decadence.
• Transparency at the cost of anonymity seems to be a common underlying theme among India, the European Union, and the United States.
• A robust legal framework for data privacy protection against infringement by both State and non-State actors is the need of the hour.
• Lurking behind the Supreme Court’s endorsement of liberal free speech values while striking down Section 66A of the IT Act, is a continuation of the colonial structures of speech regulation that enables a democratically-constituted government to resist attacks on its legitimacy.
• The onus of holding the State accountable to standards of “reasonability” will invariably fall to the judiciary, either by suo motu action or at the instance of civil society organizations.
• If closer Centre-state collaboration remains elusive, part of the problem lies in the lack of an effective mechanism.
• If the Union government is seeking a basis for constructive and sustainable dialogue in the interests of genuine cooperation, an alternative structure is needed.
• While the US and China spar, India should seize the opportunities in the global supply chain shifts.
• If the US and China want to avoid a trade war, they must cut taxes as the economic growth of each country depends on trade, which is the backbone of every country.
• India’s image as a tolerant society is under duress due to untoward incidents happening rather frequently.
• If the Supreme Court was feted for taking a liberal view of the law, its act of pushing the envelope further to set right existing anomalies in law is to be celebrated in full measure.
• The erosion of fiscal autonomy does not bode well for our federal structure and will thwart the growth of developed States.
• International factors and faulty data will impact India’s projections of GDP, inflation and balance of payments.

50 WORD TALK

• Instead of outraging over FIFA’s letter to Indian football federation, the troubling thing is this is another example of courts losing their way into politics of sports, unmindful of consequences, and leaving things worse. Across the world, sports is governed by autonomous institutions, supervised by pan-national, global bodies. That’s sacrosanct.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 306]

THE CONTEXT: In three recent decisions, the Supreme Court has passed substantive directions which can result in aid and the last mile delivery of welfare measures to the oppressed and beleaguered sections of our society. Though PIL is a very powerful tool in the hands of the people for securing their collective rights it is also not free of criticism at the same time. This article analyses the issue and necessity of PILs in India at present times in detail.

WHAT IS PUBLIC INTEREST LITIGATION (PIL)?

Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected. Therefore, PIL is a proceeding in which an individual or group seeks relief in the interest of the general public and not for its own purposes. PIL is a strategic arm of the legal aid movement and is intended to bring justice within the reach of the poor masses. It is a device to provide justice to those who individually are not in a position to have access to the courts.

HISTORICAL BACKGROUND OF PIL

• The term “PIL” originated in the United States in the mid-1960s. In the nineteenth century, various
• movements in that country contributed to public interest law, which is a part of the legal aid movement. The first legal aid office was established in New York in 1876.
• In the 1960s the PIL movement began to receive financial support from the office of economic opportunity. This encouraged lawyers and public-spirited persons to take up cases of the underprivileged and fight against various issues like–dangers to the environment, harms to public health, exploitation of vulnerable masses, exploitation of consumers and injustice to the weaker sections.
• In England, PIL made a mark during the years of Lord Denning in the 1970s. He as a petitioner brought several public issues to the court.

PIL IN INDIA

• The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, and citizens who were passionate about environmental issues, etc.
• Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of the public at large.
• Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of the public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.
• Public interest litigation is the power given to the public by courts through judicial activism. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for public interest and not just as frivolous litigation by a busy body.
• The court can itself take cognizance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual.

LANDMARK PIL CASES IN INDIA

GENESIS OF THE CONCEPT

• The seeds of the concept of public interest litigation were initially sown in India by Justice Krishna Iyer, in 1976 in Mumbai Kamgar Sabha vs. Abdul Thai.
• The first reported case of PIL was Hussainara Khatoon vs. the State of Bihar (1979) which focused on the inhuman conditions of prisons and under-trial prisoners that led to the release of more than 40,000 under-trial prisoners. The right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases.

S.P. GUPTA VS. UNION OF INDIA – 1982

• A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta vs. Union of India. In this case, it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32) seeking redressal against violation of legal or constitutional rights of persons who due to social or economic or any other disability cannot approach the Court.
• By this judgment, PIL became a potent weapon for the enforcement of “public duties” where executive action or misdeed resulted in public injury. And as a result, any citizen of India or any consumer group or social action group can now approach the apex court of the country seeking legal remedies in all cases where the interests of the general public or a section of the public are at stake.
• Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated. He did not insist on the observance of procedural technicalities and even treated ordinary letters from public-minded individuals as writ petitions.

M.C MEHTA VS. UNION OF INDIA – 1988

• A Public Interest Litigation was brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme Court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.

INDIAN BANKS’ ASSOCIATION – 2004

• The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s Devkala Consultancy Service and Ors held:- “In an appropriate case, where the petitioner might have moved a court in her private interest and for redressal of the personal grievance, the court in furtherance of Public Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice.”
• Thus, a private interest case can also be enlarged and seen in a broader aspect and be treated as a public interest case.

VISHAKA V. STATE OF RAJASTHAN – 1997

• The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of Article 14, Article 15 and Article 21. The guidelines subsequently led to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

ACTORS RESPONSIBLE FOR THE GROWTH OF PILs IN INDIA

THE CHARACTER OF THE INDIAN CONSTITUTION

• India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se.

JUDICIAL ACTIVISM

• Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance, the “right to life” in Article 21 has been expanded to include the right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetters and handcuffing in prisons, etc.
• In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.

JUDICIAL INNOVATIONS

• Judicial innovations to help the poor and marginalised: For instance, in the Bandhua Mukti Morcha, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labour as a case of bonded labour unless proven otherwise by the employer.
• Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labour commissioner and lower courts.

LIBERAL INTERPRETATION OF LOCUS STANDI

• The liberal interpretation of locus-standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received.

PROGRESSIVE SOCIAL LEGISLATIONS

• India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labour, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land.

SIGNIFICANCE OF PILs

• The aim of PIL is to give the common people access to the courts to obtain legal redress. It is an important instrument of social change for maintaining the Rule of law and accelerating the balance between law and justice.
• The original purpose of PILs has been to make justice accessible to the poor and the marginalised, an important tool to make human rights reach those who have been denied.
• It democratises the access of justice to all. Any citizen or organisation who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc. And serves as one a tool for implementing the concept of judicial review.
• Enhanced public participation in judicial review of administrative action is also assured by PILs.

CERTAIN WEAKNESSES OF PILs

COMPETING RIGHTS 

• PIL actions may sometimes give rise to the problem of competing rights. For instance, when a court orders the closure of polluting industry, the interests of the workmen and their families who are deprived of their livelihood may not be taken into account by the court.

FRIVOLOUS PILS

• As the PILs have gained popularity many people started using PIL as a tool for harassment as frivolous cases are filed without heavy court fees as compared to private litigations. It could lead to overburdening of courts also. PILs today have also been appropriated for corporate, political and personal gains. Today the PIL is no more limited to problems of the poor and the oppressed.
• Examples:

Ø  PIL to postpone the exam after Kumbh Mela – dismissed by Uttarakhand HC and fine of Rs 50,000 imposed.

Ø  PIL challenging the developmental works undertaken by the Odisha government at the premises of Puri Jagannath Temple – Dismissed by SC.

Ø  Juhi Chawla PIL against 5G – dismissed by Delhi HC.

OVERBURDENING OF COURTS

• PIL matters concerning the exploited and disadvantaged groups are pending for many years. Inordinate delays in the disposal of PIL cases may render many leading judgments merely of academic value.

JUDICIAL OVERREACH

• Cases of Judicial Overreach by the Judiciary in the process of solving socio-economic or environmental problems can take place through the PILs.

MISUSE

• PIL is being misused by the public agitating for private grievances in the grab of public interest by seeking publicity rather than supporting the public cause.

GUIDELINES TO BE FOLLOWED FOR ENTERTAINING PIL CASES – SUPREME COURT

PETITIONS ALLOWED UNDER PILs

Letter petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:-

1. Bonded Labour matters.
2. Neglected Children.
3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints of violation of Labour Laws (except in individual cases).
4. Petitions from jails complaining of harassment and seeking release after having completed 14 years in jail, death in jail, transfer, release on personal bond, and speedy trial as a fundamental right.
5. Petitions against police for refusing to register a case, harassment by police and death in police custody.
6. Petitions against atrocities on women, in particular harassment of bride, bride burning, rape, murder, kidnapping etc.
7. Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.
8. Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wildlife and other matters of public importance.
9. Petitions from riot -victims.
10. Family Pension.

Ø  All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above-mentioned categories will be placed before a Judge to be nominated by Hon’ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned.

PETITIONS NOT ALLOWED UNDER PILs

Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be:

1. Landlord-Tenant matters.
2. Service matter and those pertaining to Pension and Gratuity.
3. Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above.
4. Admission to medical and other educational institutions.
5. Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

 THREE CASES WHICH HIGHLIGHT THE SIGNIFICANCE OF PILS IN PRESENT TIMES

BUDHADEV KARMASKAR VERSUS STATE OF WEST BENGAL & ORS. – 2022

The Supreme Court issued a slew of directions in the exercise of its extraordinary powers under Article 142 of the Constitution so as to ensure basic human rights and dignity for sex workers across the country. The directions were necessitated on account of executive inertia (and also resistance) in bringing about much-needed reform for the betterment of the lives of sex workers. Since the Union Government had been dragging its feet on the subject matter pertaining to the inclusion and rehabilitation of sex workers for a considerable period of time, these directions were a long-time coming. Significant directions passed by the court include:

• A reiteration of the law that consensual sex work by adult sex workers is not a criminal offence;
• A legal affirmation of the fact that sex workers are entitled to equal protection of the laws;
• An injunction against the police authorities to cease and desist from meting out brutal and violent treatment on sex workers;
• Issuance of Aadhar Cards to sex workers without any possibility of any revelation of their identity as sex workers.

By passing such directions, the Supreme Court has made significant strides in removing sex workers from the fringes of society.

GAURAV KUMAR BANSAL VERSUS MR. DINESH KUMAR & ORS. – 2021

This case pertains to the implementation of the Mental Health Care Act, 2017, which the court noted was ‘tardy’ at various levels by most states and union territories (‘UTs’).

1. The court noticed that several States were simply re-designating existing establishments as halfway homes to demonstrate compliance under the Act. Accordingly, the bench directed all states and UTs to submit reports regarding the progress made towards establishing halfway homes. The court is now monitoring the progress made by states and UTs in establishing halfway homes across India. The bench in its directions had made it abundantly clear that it expects the process of establishment of such halfway homes is completed in an expeditious manner.
2. Another disturbing practise which drew the ire of the court was that in certain states, persons who were overstaying in mental health care institutions (due to poverty and despondency) were being transferred to beggar homes and custodial institutions. The court took cognizance of this insensitive practice and passed urgent directions to ensure that such practices are proscribed since they fall foul with the provisions of the Mental Health Care Act.

Under the Mental Health Care Act, 2017, “mental health care” is a broad and all-encompassing concept which includes not just ‘diagnosis’ and ‘treatment’, but also ‘care’ and ‘rehabilitation’ of persons suffering from mental illness. The Act gives every such person the right to access “mental healthcare” and treatment from mental health services run or funded by the State. Such services include accommodation in community-based establishments called “Half-way Homes”. These halfway homes are supposed to facilitate the process of rehabilitation of persons who have undergone mental healthcare treatment.

RAJNEESH KUMAR PANDEY & ORS. VERSUS UNION OF INDIA & ORS. -2021

The Supreme Court passed a detailed judgment in October 2021 containing several directions (which are applicable pan-India) for imparting inclusive and quality education to children with special needs (‘CwSN’).

• The court declared in no uncertain terms that CwSN are entitled to have access to free, inclusive, and quality education under the Right of Children to Free and Compulsory Education Act, 2009.
• The bench further observed that for meaningful and effective imparting of education and training to CwSN, different norms and standards ought to be followed; for that purpose, the concerned schools are obliged to create posts of rehabilitation professionals/special education teachers commensurate to the number of CwSN students in the given school.

Ø  The bench noted that no norms and standards had been prescribed by the union government for the appointment of rehabilitation professionals or special teachers for schools admitting CwSN. Accordingly, the bench directed the Union Government to notify the norms and standards of pupil-teacher ratio, and also separate norms for special teachers who alone can impart education and training to CwSN in the general schools. Once these norms were specified, state governments and schools were required to create commensurate permanent posts, and thereafter make appointments for rehabilitation professionals/special teachers who can cater to the needs of CwSN.

• Till such norms were specified by the Union Government, the court prescribed different pupil-teacher ratios for children with different disabilities to be adopted across India. For instance, for children with cerebral palsy, a pupil-teacher ratio of 8:1 was prescribed by the court, and for children with intellectual disability, Autistic Spectrum Disorder and specific learning disabilities, a pupil-teacher ratio of 5:1 was prescribed.

PILs ARE NECESSARY FOR SECURING A WELFARE STATE – AN ANALYSIS

PIL as a tool is also working as an important instrument of social change, for the welfare of every section of society. The innovation of this legitimate instrument proved beneficial for developing country like India and is often used as a strategy to combat the atrocities prevailing in society. Public Interest Litigation has produced astonishing results which were unthinkable three decades ago – degraded bonded labourers, tortured under trials and women prisoners, humiliated inmates of protective women’s homes, blinded prisoners, exploited children, beggars, and many others have been given relief through judicial intervention. The greatest contribution of PIL has been to enhance the accountability of the governments towards the human rights of the poor. The PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. The very purpose behind the judicial innovation of public interest litigation – which is the constitutional promise of a social and economic transformation to usher in an egalitarian social order and a welfare state shall not be defeated and for that, the Judiciary should be cautious enough in the application of PILs to avoid Judicial Overreach that are violative of the principle of Separation of Power. Besides, the frivolous PILs with vested interests must be discouraged to keep its workload manageable.

THE WAY FORWARD:

• It is time for the judiciary to do a reality check on the advent of PIL petitions which flooded the courts. The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations.
• Civil Society Organisations can play a proactive role in making people aware of their rights and even file PILs on their behalf on a matter of significant cause, also condemning misuse of PILs in the light of larger national good.
• Former Attorney General Soli Sorabjee has also advocated for 3 basic rules for regulating abuse of PIL:

• Reject dubious PIL at the threshold and in appropriate cases with exemplary costs.
• In cases where the important project or socio-economic regulations are challenged after gross delay, such petitions should be thrown out the very threshold on the ground of latches. Just because a petition is termed as PIL does not mean that ordinary principles applicable to litigation will not apply.
• PIL petitioners should be in strict terms such as providing indemnity or giving an adequate undertaking to the court to make good the damage if PIL is ultimately dismissed.

THE CONCLUSION: Public interest can be defended with such judicial interventions to prevent the violation of rights of sizeable segments of society who, due to poverty, ignorance, social status and economic disadvantage, cannot themselves assert those rights. Quite often, they are not even aware of those rights. Without PILs, corruption, nepotism and bias in executive actions will remain unchallenged. Courts must maintain a constant vigil over the executive and the legislature. Otherwise, all rights secured to citizens under our constitution will become worthless. The rule of law is the accepted norm for all civilised societies and the courts in India have a duty to enforce that rule of law. The Supreme Court must ignore those with frivolous motives and who represent the interest of the few and not the larger public interest. As a constitutional court, it must continue to serve the nation and its citizens.

Mains Practice Question:

1. What is public interest litigation? How do they help in securing the welfare nature of the state?
2. PILs are an effective way to seek justice for the people at large. Discuss how the recent judgements by the Supreme Court in PIL cases have restored the rights of a sizeable section of society.
3. Discuss the evolution of public interest litigation in India.