She stated “I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to being viewed with suspicion and not in a positive light.”
NEW DELHI: Supreme Court Judge Justice BV Nagarathna recently raised concerns about the misuse of Public Interest Litigations (PILs), emphasizing that it is time to reflect on how PILs, once a powerful legal tool for justice, are now being misused by some individuals.
She spoke about this issue at the book launch of Law, Justice and Society: Selected Works of Upendra Baxi on March 4, 2025, at the Indian Law Institute in New Delhi.
“If I may say so, now it’s either paisa interest litigation, publicity interest litigation, or private interest litigation, but where is the real PIL these days?”
Justice Nagarathna asked.
During her speech, Justice Nagarathna stressed that PILs have played a crucial role in bringing justice to the underprivileged, ensuring State accountability, and helping the judiciary protect fundamental rights. However, she pointed out the growing trend of PILs being filed with hidden motives.
She stated “I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to being viewed with suspicion and not in a positive light.”
Her remarks indicate that while PILs were initially designed to bring justice to those who couldn’t access courts easily, some individuals now use them for personal or political gains, which affects their credibility.
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Justice Nagarathna paid tribute to the contributions of Professor Upendra Baxi, who has been instrumental in shaping PILs in India. She recalled how he had described PILs as a means to empower citizens, civil society groups, and marginalized communities to fight against systemic injustices. She noted that Professor Baxi had correctly called PILs “social action litigation.”
PILs have historically helped bring justice to those who have no voice. Courts have intervened in many cases to protect fundamental rights, improve governance, and hold authorities accountable. However, the increasing misuse of PILs is raising concerns within the judiciary.
While acknowledging the positive impact of PILs, Justice Nagarathna also cautioned against their misuse. She expressed concern that PILs are now being filed to serve vested interests rather than public welfare. This trend has led to courts scrutinizing PIL petitions more carefully to ensure they are filed for genuine causes.
Justice Nagarathna also praised the editors of the book, Professor Amita Dhanda and Professor Arun Thiruvengadam, for their efforts in compiling the selected works of Professor Upendra Baxi. She recognized their dedication to legal scholarship and contributions to the study of law and society.
What is Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) is a vital tool of judicial activism, empowering the Supreme Court and High Courts to use their writ jurisdiction to protect fundamental and legal rights on a broader scale. While the concept originated in the United States, it gained momentum in India during the 1980s, with Justices PN Bhagwati and Krishna Iyer spearheading its adoption. As the name implies, PILs focus on safeguarding public interests in areas like environmental protection, road safety, and human rights.
A fundamental requirement of PILs is that the petitioner must genuinely act in public interest and convince the court of the same. Initially, PILs played a crucial role in securing justice for marginalized communities who lacked access to legal recourse due to poverty or other limitations. They also facilitated judicial oversight of institutions such as prisons, protective homes, and asylums, driving political and social change by addressing various public concerns.
Over time, PILs have been instrumental in protecting the rights of bonded laborers, slum dwellers, and prisoners, significantly improving their conditions. Though originally intended to aid the underprivileged, their scope later expanded to include judicial review of the executive and legislative actions to ensure compliance with legal obligations. However, as Justice Nagarathna noted, the growing misuse of PILs has led to concerns about their credibility, raising questions about whether their original purpose is being diluted.
