8/15/2017 ‘Pro bono publico’, Crusades for ‘Common’ | Live Law

‘Pro bono publico’, Crusades for ‘Common’

BY: ANOOP K
MARCH 13, 2014 10:32 AM

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“Voice of Common must raise”- H D Shourie (Founder, Common Cause)

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Public Interest Litigation, an apparatus in furnishing Justice to common man, is a form of

legal action initiated in a Court of Law regarding a matter which concerns public
interest. It is a way to approach the fountain of Justice in the public interest on behalf of
those who unable to do themselves. Indian Courts through Judicial Activism has given
this power to the public with an aim to do away with social injustices and imbalances. As

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Justice V R Krishna Iyer observed in The Mumbai Kamgar Sabha, Bombay v. M/S
Abdulbhai Faizullabhai and Others, Procedural prescriptions are hand maidens, not
mistresses, of Justice. Test Litigation, pro bono public and like broadened forms of legal
proceeding are keeping with current accent on Justice to common man. PIL intends to
help the common man to accomplish the remedy which is advantageous for public at
large which was not earlier available to them even before actual damage is done.
Regarding the object of PIL Justice P N Bhagawathi made his observation in People’s
Union for Democratic Rights v. Union of India as “Violation of Constitutional OR Legal
Rights of large number of people who are poor, ignorant or n a socially or economically
backward position should not go unnoticed and unredressed”.

Baron Acton rightly said, Power Corrupts and absolute power corrupts absolutely. On
one side PIL is being used for the welfare of the disadvantaged persons who cannot
knock at the door of the court due to poverty, illiteracy or other reasons but on the
other side PIL is also being abused extensively by ling petitions to appropriate PIL for
corporate gain, political advantage or personal and publicity interests. Albeit of these
failings in the exercise of power PIL proved to be an effective weapon in the armory of
law for providing social justice to the common man. A number of warriors set upright for
triumph of Justice through PIL. Among them, Common Case holds a foremost position.

Common Cause is a registered society used Public Interest Litigations to take up several
public causes. Common cause is an initiative in public interest litigation, for solving the
common and collective problems of the people, has greatly contributed to the evolution
and spread of the system in the country and its adoption by the people on a substantial
scale for effecting redressal of public grievances. Founded in 1980, by Late Mr H.D.
Shourie, it started its ght in its rst important case D S Nakara v. Union of India, which
they prospered in liberalising pension schemes for elder citizens.

An important crusade led by Common Cause was in Common Cause; A Registered

Society v. Union Of India And Ors (1993) in which they preferred a Writ Petition before
Supreme Court of India complaining that the implementation of the provisions of
Consumer Protection Act was sluggish since the machinery for redressing the
grievances of poor consumers at the base-level viz. the District Forum was not set up in

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all the districts except a few. The Consumer Protection Act, 1986 envisaged a three-tier
fora comprising the District Forum, the State Commission and the National Commission
for redressal of grievances of consumers. Supreme Court directed the state
governments to set up District forums as prescribed under the Act.

Another problem they brought in to the notice of the court was relating to the pending
criminal cases of the courts of the country. Supreme Court has taken up the case and
upon the speci c suggestions submitted for adoption of procedures for dealing with
backlog by Common Cause, Court made an important decision which led to the
discharge of large number of accused persons and release of prisoners whose cases had
dragged on for long periods. The very pendency cf criminal proceedings for long periods
by itself operates as an engine of oppression. Quite often,the private complainants
institute these proceedings out of oblique motives. Even in case of offences punishable
for seven years or less – with or without ne – the prosecutions are kept pending for
years and years together in criminal courts. Court observed while issuing Directions for
the conduct of speedy Trial in Common Cause, A Registered Society v. Union of India
(1996).

It was a setback when Common Cause brought the notice of Supreme Court in to the
rising number of road accidents in our country In Common Cause v. Union of India
(2008) Justice Markandey Katju started off his Judgment with a remark that this writ
petition under Article 32 of the Constitution furnishes a typical illustration of how
public interest litigation which was conceived and created as a judicial tool by the courts
in this country for helping the poor, weaker and oppressed sections of society, who could
not approach the court due to their poverty, has over the years grown and grown, and
now it seems to have gone totally out of control, and has become something so strange
and bizarre that those who had created it probably would be shocked to know what it
has become now. Further he noted at the end that Public Interest Litigation which was
initially created as a useful judicial tool to help the poor and weaker section of society
who could not afford to come to courts, has, in course of time, largely developed into an
uncontrollable Frankenstein and a nuisance which is threatening to choke the dockets of
the superior courts obstructing the hearing of the genuine and regular cases which have
been waiting to be taken up for years together.

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Criticisms of the way and crusades continued as they took up causes of the common as
the name indicates. Organisation succeeded in bringing the notice of Supreme Court to
the matters of corruption and establishment of the institutions of LOKPAL and LOK
AYUKTAS in the country. They also triumphed in obtaining directions of Supreme Court
in relation to the conduct of election campaigns by the political parties, in relation to a
provision which has been incorporated in the Representation of Peoples Act.. The Court
also directed strict compliance with law in relation to the submission of Income-tax
Returns by the political parties.

Recently in Common Cause v. Union of India (2014) they have came up with a plea
before Supreme Court for declaring ‘right to die with dignity’ as a fundamental right
within the fold of ‘right to live with dignity’ guaranteed under Article 21 of the
Constitution. They also pleaded for voluntary passive euthanasia that a person, who is
af icted with a terminal disease, should be given relief from agony by withdrawing
arti cial medical support provided to him which is medically referred to as passive
euthanasia. Live Law Report here. Supreme Court bench headed by Chief Justice P
Sathasivam reffered the plea to a constitution Bench.

Undeniably, Common Cause is a socially conscious and public spirited organisation

striving to espouse a public cause by seeking judicial remedy.

  Anoop. K is Trainee at Live Law and Alumni of Govt. Law College,

Kozhikode

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Topics: Article 32 | Common Cause | Common Cause v. Union Of India | Judicial Activism | Justice | Justice P N
Bhagawathi | Justice V.R.Krishna Iyer | Litigation | LOK AYUKTAS | Lokpal | PIL | Pro bono publico | Public Interest
Litigation | SC | Supreme Court

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