Question

The concept of "Public Interest Litigation (PIL)" was first introduced in which case?

• A. Kesavananda Bharati v. State of Kerala
• B. Hussainara Khatoon v. State of Bihar
• C. S. R. Bommai v. Union of India
• D. Golaknath v. State of Punjab

Hint:

The Hussainara Khatoon case, dealing with the rights of undertrial prisoners, is considered the landmark case that truly opened the doors for Public Interest Litigation (PIL) in India.

Answer 1

The Correct Option is B

Step 1: Understand Public Interest Litigation (PIL). PIL is a legal tool that allows any member of the public to bring a lawsuit to court on behalf of a group of people whose rights are being violated, especially if that group is disadvantaged or unable to approach the court themselves. It relaxed the traditional rule of 'locus standi' (the right to bring an action).

Step 2: Identify the pioneering case. While the seeds of PIL were sown in a few cases, the case of Hussainara Khatoon v. State of Bihar (1979) is widely regarded as the first major and impactful PIL in India.

Step 3: Know the facts of the case. This case was filed based on a series of newspaper articles highlighting the plight of thousands of undertrial prisoners in Bihar, many of whom had been jailed for periods longer than the maximum sentence for their alleged crimes. The Supreme Court took up the matter, leading to the release of over 40,000 prisoners and establishing the 'Right to a Speedy Trial' as a fundamental right. This case demonstrated the power of PIL to deliver justice to the masses.