Public Interest Litigation (PIL) has revolutionized the Indian judicial system by enabling ordinary citizens to approach courts for the greater good of society. PIL serves as a powerful tool to uphold justice, protect fundamental rights, and address issues that impact large sections of the population. Whether it’s environmental protection, human rights violations, or accountability in governance, PIL ensures that justice reaches even the most marginalized communities.
NEW DELHI : Public Interest Litigation (PIL) has revolutionized the Indian judicial system by enabling ordinary citizens to approach courts for the greater good of society. PIL serves as a powerful tool to uphold justice, protect fundamental rights, and address issues that impact large sections of the population. Whether it’s environmental protection, human rights violations, or accountability in governance, PIL ensures that justice reaches even the most marginalized communities.
“The court has to innovate new methods and strategies to provide access to justice to large masses of people who are denied basic human rights, to whom freedom and liberty have no meaning.” – Justice PN Bhagwati”
-Justice PN Bhagwati
WHAT IS A PUBLIC INTEREST LITIGATION (PIL)
Public Interest Litigation (PIL) is a legal action taken by a citizen, a group of citizens, or a non-governmental organization to address issues that impact the public or specific disadvantaged groups. It focuses on achieving justice for social causes and bringing about positive social change through legal measures.
In simple terms, PIL allows individuals to approach the court for matters that may not affect them personally but are important for the welfare and rights of others, especially marginalized groups or the public at large.
Although PIL is not defined in any statute, it has evolved as a powerful tool under the Indian judicial system to address social concerns. It demonstrates how courts can step in to resolve matters affecting the public at large when legislative or executive bodies fail to do so.
EVOLUTION OF PIL IN INDIA
The concept of Public Interest Litigation (PIL) in India was introduced by Justice Krishna Iyer in 1976 in the case of Mumbai Kamagar Sabha vs. Abdul Thai.
However, the first landmark case of PIL was Hussainara Khatoon vs. State of Bihar in 1979. This case highlighted the:
“Inhuman conditions of prisons and the plight of undertrial prisoners, leading to the release of over 40,000 undertrial prisoners. It established the right to speedy justice as a fundamental right that had been denied to these prisoners.“
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SOME SIGNIFICANT JUDGEMENTS WHICH LAID DOWN THE GUIDELINES FOR PIL
1. S.P. Gupta vs. Union of India
A new chapter in the PIL movement was introduced by Justice P.N. Bhagwati in this case. The court 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.”
This judgment transformed PIL into a powerful tool for enforcing “public duties” and addressing public injuries caused by government actions or misconduct. It allowed any citizen, consumer group, or social organization to approach the Supreme Court or High
Courts for justice in matters affecting the public at large. Justice Bhagwati further simplified the PIL process by treating ordinary letters from public-minded individuals as writ petitions, removing procedural hurdles.
2.Indian Banks’ Association, Bombay & Ors. vs. M/s Devkala Consultancy Service and Ors
The Supreme Court ruled:
“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.”
This judgment established that even private interest cases could be treated as public interest cases if they served a larger public purpose.
3.M.C. Mehta vs. Union of India
In a PIL concerning the pollution of the Ganga River, the Supreme Court held that even though the petitioner was not a riparian owner, he could move the court to protect the rights of people using Ganga water.
This case highlighted the:
“Enforcement of environmental laws to safeguard public health and the environment.”
4.Vishaka vs. State of Rajasthan
This landmark judgment recognized sexual harassment at the workplace as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution.
“The court issued guidelines that eventually led to the creation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.“
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CONDITIONS FOR FILING A PIL
Before accepting a PIL, the court must ensure that the petition meets specific requirements:
- The petition must be filed by:
- The aggrieved person.
- A public-spirited individual.
- A social action group.
- The purpose should be to enforce the legal or constitutional rights of individuals who cannot approach the court on their own.
AGAINST WHOM A PIL CAN BE FILED?
A Public Interest Litigation (PIL) can only be filed against the Central Government, State Government, or municipal governments, but not against private individuals. According to Indian law, the term “government” includes the Parliament of India, State Legislatures, and all local or other authorities controlled by the government.
WHEN TO FILE A PIL
There is no strict rule or formal procedure to follow before filing a Public Interest Litigation (PIL). However, it is always better to communicate the issue to the concerned party or parties before taking legal action. This approach has two main advantages:
- Chance for Resolution Without Litigation
By raising the issue with the other party, you may find they were unaware of the problem and are ready to resolve it without involving the court. - Proof of Good Intentions
If the other party refuses to act or disagrees with your terms, starting a dialogue before filing the PIL helps prove that your intent is not malicious (“mala fide”) but genuine (“bona fide”). This strengthens your case as being in the public interest.
WHAT DETAILS TO BE GATHERED
- Gather Information
Collect all details related to the issue. Ensure you understand the problem thoroughly before taking any legal action. - Document Collation
Prepare all necessary documents to support your case. Proper documentation adds credibility to your PIL. - Selecting the Court
Decide whether the PIL will be filed in the High Court or Supreme Court and address your petition accordingly. - Addressing the Court
- For High Court: Address the petition to the Chief Justice of the respective High Court.
- For Supreme Court: Address it to the Chief Justice of India.
- Professional Consultation
Consult an experienced PIL lawyer for advice. They can guide you, ensure your petition is strong, and save time.
HOW TO FILE A PIL?
- Research Thoroughly
Conduct detailed research about the issue. If the matter affects many people, consult those individuals or groups before filing the PIL. - Collect Evidence
Gather all relevant information and documents as evidence. This strengthens your case. - Decide Representation
You can either argue the case yourself or appoint a lawyer. If you choose to represent yourself, be prepared to clearly explain the issue and convince the court within the allotted time. - Submit the Petition
- For High Court: Submit two copies of the petition to the court and serve one copy to the respondents in advance. Attach proof of serving the petition to the respondents in your filing.
- For Supreme Court: Submit five copies of the petition. The respondent will receive a copy after the court issues a notice.
DOCUMENTS REQUIRED FOR FILING A PIL
- Petitioner’s Details
- Name
- Postal address
- Email address
- Phone number
- Occupation
- Annual income
- PAN number
- Proof of identity
- Aggrieved Parties
- Names and addresses of all affected parties
- Respondents
- Names and addresses of respondents or government agencies involved
- Issue Details
- Facts leading to the violation of fundamental rights
- Nature of the violation or injury
- Any personal interest the petitioner may have
STEPS TO FILE A PIL
Step 1: Research the Issue
The person filing the PIL, called the petitioner, should thoroughly research the issue affecting the public and consult with individuals or groups involved in the matter.
Step 2: Collect Evidence
Gather all relevant documents and information that will serve as evidence to support the PIL petition.
Step 3: Draft the PIL Petition
The petition should include:
- Name of the court
- Name and address of the petitioner
- Name and address of the opposite party (respondent)
- The legal article under which the PIL is being filed
- Facts of the case, highlighting the public issue
- Relief sought from the court
Step 4: Notify the Respondent
Send a copy of the PIL petition to the respondent before filing it in court.
Step 5: File the Petition in Court
- High Court: Submit two copies of the petition to the court, along with proof of serving the copy to the respondent.
- Supreme Court: Submit five copies of the petition, and the court will serve the petition copy to the respondent when it issues a notice.
COST OF FILING PIL IN INDIA
The court fee for filing a PIL is ₹50 per respondent. However, the total cost of presenting the case in court depends on the advocate hired by the petitioner.
READ GUIDELINES ISSUED BY THE COURT IN 2003 FOR PIL
Public Interest Litigation (PIL) in India is a transformative legal tool that promotes social justice, protects public interest, and holds the government accountable. While it has been instrumental in safeguarding the rights of vulnerable and marginalized communities, there are challenges that cannot be ignored.
The Indian judiciary, already burdened with a heavy backlog of cases, faces additional strain due to frivolous or misplaced PILs. In some instances, individuals misuse PIL for personal grievances, turning “public interest litigation” into “private interest litigation.”
Moreover, the lack of effective implementation of court judgments often diminishes the impact of PILs, and there is a risk of judicial overreach, where courts inadvertently encroach on the functions of the legislative and executive branches. Despite these challenges, PIL remains a vital mechanism for ensuring justice and addressing significant public issues. To maintain its effectiveness, it must be used responsibly and with genuine intent to serve the larger good.
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