Q.11. “Every matter of Public Interest cannot be a matter of Public Interest Litigation.” Evaluate.

The statement “Every matter of Public Interest cannot be a matter of Public Interest Litigation (PIL)” is indeed accurate. While Public Interest refers to the general well-being of the community and the matters that affect legal rights or liabilities of the public or a class of the community, Public Interest Litigation is a legal mechanism designed to address issues that affect the public at large, particularly when the affected group is unable to bring the matter to court.

Evaluation of the Statement:

• Scope of PIL: PIL is intended for the enforcement of public rights and duties, and to address grievances affecting a large number of people. It is not meant for individual concerns or private disputes.

• Locus Standi: The concept of locus standi is relaxed in PIL, allowing a person or organization to file a case on behalf of those who are disadvantaged and cannot approach the court. However, this does not mean that every public interest issue will qualify for PIL.

• Judicial Discretion: Courts have the discretion to determine what constitutes a matter of public interest that can be addressed through PIL. Not all matters of public concern are entertained as PILs, especially if they are frivolous or motivated by personal gain.

• Legal Injury: For a PIL to be admitted, there must be a legal injury or violation of rights that affects a large section of the community. Mere public interest or curiosity is not enough.

• Good Faith: The petitioner must act in good faith, and the PIL should not be filed for extraneous reasons such as political motives, personal gain, or any other oblique consideration.

In conclusion, while public interest is a broad concept that encompasses various issues of concern to the society, Public Interest Litigation is a specific legal tool that is used judiciously to address only those matters where there is a significant impact on the public or a section thereof, and where the judiciary’s intervention is necessary to enforce and protect public rights. The courts play a crucial role in evaluating the merit of each PIL to ensure that it serves the intended purpose of redressing public injury and enforcing public duty.