Public Interest Litigation (PIL) transformed the Indian legal landscape by opening court doors to public-spirited citizens seeking to defend the collective environment.
1. Relaxation of Locus Standi
Under traditional common law, only the person who suffered direct injury could file a lawsuit (*locus standi*). In environmental cases, because pollution affects the community at large, the Supreme Court relaxed this rule.
Any citizen or NGO can now file a PIL in the Supreme Court (under Article 32) or the High Courts (under Article 226) to protect public health and the ecology.
2. Judicial Remedial Techniques
- Continuing Mandamus: The court does not merely pass a final judgment; it issues periodic directions and demands regular compliance reports over years, actively supervising environmental restoration.
- Expert Committees: Courts appoint independent commissioners (scientific experts, lawyers) to inspect industrial sites and submit objective field reports.
3. Landmark PIL Cases of M.C. Mehta
Advocate M.C. Mehta, known as the father of environmental litigation in India, filed numerous successful PILs:
- Ganga Pollution Case (1988): The Supreme Court ordered municipal corporations and tanneries in Kanpur to stop discharging untreated trade effluents into the river Ganges, declaring that public health is more important than industrial revenue.
- Taj Trapezium Case (1996): To save the white marble of the Taj Mahal from turning yellow due to acid rain, the court ordered coal-based industries in the Taj Trapezium Zone (TTZ) to switch to natural gas or relocate outside the zone.