Introduction:

The Taj Mahal, a beautiful monument in India, was almost destroyed by

pollution. However, a lawyer by the name of M.C. Mehta filed a Public
Interest Litigation (PIL) seeking directions from the Hon'ble Court to
direct authorities to take steps to stop pollution. This legal action
helped save the Taj Mahal from destruction.

Another example of a PIL is the Oleum Gas Leak Case that established
the concept of “absolute liability” in Indian law.

A Public Interest Litigation is a type of legal action taken to protect the

public interest. This can include things like protecting people's financial
interests, or ensuring that laws or regulations are followed.

What is a PIL?
The term Public Interest Litigation (PIL) is composed of two words;
‘Public Interest’ and ‘Litigation’.

The words ‘Public Interest’ mean “an expression which indicates

something in which the general public or the community at large has
some pecuniary interest, or some interest by which their legal rights or
liabilities are affected.” 

The word ‘litigation’ on the other hand means “a legal action, including
all legal proceedings initiated in a Court of Law with the purpose of
enforcing a right or seeking a remedy.” 
Thus, lexically speaking, "public interest litigation" refers to a legal
proceeding brought before a court of law to uphold the public interest
when the rights of an individual or a group have been compromised.

 Public interest litigation is a type of legal battle where people or

groups with a common interest come together to take action in a
court of law. This is often used to protect the public from harmful
activities, like pollution, terrorism, and road accidents.

 The term "public interest litigation" was taken from American law,
where it was intended to give legal representation to groups that
had not previously had it, such as the poor, members of racial
minorities, unorganised consumers, and people who were
passionate about environmental issues.

 Public interest litigation is not specifically defined in any law or

regulation. Judges have understood it to mean taking the general
public's intent into account.

 Public interest litigation is a way for the public to get their voices
heard by the courts. However, the person filing the petition need
to prove to the court that the case is important and has a public
benefit, not just someone's personal interest.

 A case may be started on the petition of any public-spirited

person or the court may take note of the subject and act on its
own initiative.

 Some of the matters which are entertained under PIL are:

o Bonded Labour matters

 o Neglected Children

o Non-payment of minimum wages to workers and

exploitation of casual workers

o Atrocities on women

o Environmental pollution and disturbance of ecological

balance

o Food adulteration

o Maintenance of heritage and culture.

Genesis and Evolution of PIL in India:

Some Landmark Judgements :

 Public interest litigation was first started in India by Justice

Krishna Iyer in 1976 in a case called Mumbai Kamagar Sabha vs.
Abdul Thai.

 Hussainara Khatoon v. State of Bihar (1979), which focused on the

inhumane treatment of prisoners and under trial prisoners, was
the first PIL case to be publicly reported. It resulted in the release
of more than 40,000 under trial prisoners.

 These convicts had been denied one of their most basic rights: the
right to speedy justice. In succeeding occurrences, the same
predetermined pattern was used.

 The PIL movement is entering a new era with the victory of Justice
P.N. Bhagawati in the case of S.P. Gupta vs. Union of India. This
 judgment clarified that anyone, including members of the public,
can file a legal petition in the High Court or the Supreme Court
seeking redress for violations of the rights of people who can't
approach the courts due to a social, economic or any other
disability. This makes PILs a powerful tool for enforcing “public
duties” and protects the interests of the general public or a
section of the public. Justice Bhagwati was instrumental in
establishing this principle.

 The Supreme Court in the Indian Banks' Association case, Bombay

& Ors. vs. Devkala Consultancy Service and Ors, said that in some
cases, a private interest case can be treated as a public interest
case if it is in the interest of justice.

 In a public interest lawsuit brought against water pollution of the

Ganges River, the Supreme Court ruled that the petitioner, who is
not a riparian owner, is entitled to move the court for the
enforcement of statutory provisions. This means that the
petitioner is interested in protecting the lives of people who use
the Ganges River, even if he is not a direct beneficiary of its water.

 The judgement in Vishaka v. State of Rajasthan recognized sexual

harassment as a violation of fundamental rights, including Article
14, 15, and 21 of the Constitution. The judgement also directed
the enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
 Who can file a PIL?
 Any citizen can file a public case by filing a petition:

o Under Art 32 of the Indian Constitution, in the Supreme

Court.

o Under Art 226 of the Indian Constitution, in the High Court.

o Under sec. 133 of the Criminal Procedure Code, in the Court

of Magistrate.

 The court must be convinced that the petition has a legitimate

purpose, is being pursued in the public interest, and is likely to
result in the redress of a specific grievance, is necessary to protect
the rights of a particular group of people, as it is being submitted
by an individual who is passionate about their cause, and is not a
formal legal representative.

 A Public Interest Litigation can be filed against a State/ Central

Govt., Municipal Authorities, and not any private party. 

Where can a PIL be filed?

PILs are a way to get help from the Indian government in cases where
someone has been wronged. They can be filed either before the
Supreme Court of India, which is called the "Hon'ble Supreme Court of
India" (Article 32), or any High Court (Article 226).

A letter or postcard addressed to either the Chief Justice of India or the

Chief Justice of a High Court can be sufficient to initiate a legal
proceeding. If the court decides to take action based on the letter, it
can convert it into a public interest lawsuit (PIL). For instance, in the
case of Rural Litigation & Entitlement Kendra, the Hon'ble Court
converted a letter raising the issue of unauthorised and illegal mining in
Mussoorie Hills into a writ petition under Public Interest Litigation.

What is the procedure for filing a PIL?

Details on the procedure of filing PILs in the Hon’ble Supreme Court
and a High Court are summarized in the table below.

Supreme Court  High Court 

Number of copies of 5 2
the PIL to be filed 

Service of copy upon To be served in To be served only

Respondent(s) / advance when the Hon’ble
Opposite Party(ies)  Court issues notice
regarding the same.

Court Fees to be Rs.50/- per Rs.50/- per

affixed on the Respondent / Respondent /
Petition  Opposite Party Opposite Party

A PIL can be filed in the same way as a writ petition.

Importance of PIL
 PIL aims to provide ordinary citizens with the ability to seek
redress from the courts.

 PIL is an important tool for social change and for ensuring the rule
of law and justice are balanced.

 PILs were originally created to help the poor and marginalized

access justice.

 It is an important tool to make human rights reach those who

have been denied rights.

 The system democratizes access to justice for all, allowing anyone

capable to file petitions on behalf of those who cannot or don't
have the means to do so.

 It helps in judicial monitoring of state institutions like prisons,

asylums, protective homes, etc.

 It is an important tool for implementing the concept of judicial

review.

 Enhanced public participation in judicial review of administrative

action is assured by the inception of PILs.

 PILs are different from other legal proceedings in that they are not
based on the traditional locus standi requirement. This means
that anyone can file a PIL, even if they don't have a legal right to
do so. This change in the procedural nature of Indian law is a
result of the incorporation of principles from Part IV of the Indian
Constitution into Part III of the Constitution. Examples of this
 change in nature of the judiciary include Bandhu Mukti Morcha v.
Union of India, Unnikrishnan v. State of A.P., etc.

 Representative standing allows a third party to file a habeas

corpus petition on behalf of an injured party, who may be unable
to approach the court himself. In contrast, the Indian concept of
PIL is broader than American one, encompassing a modified form
of class action.

 The doctrine of citizen standing marks a significant expansion of

the court's role, from protecting individual rights to guarding the
rule of law.

 Public interest litigation is different from traditional litigation. In

public interest litigation, the goal is to protect the public interest,
not to fight against another party. Public interest litigation is also
more collaborative than traditional litigation, as it is aimed at
solving a problem together rather than just fighting against each
other.

 PIL AS AN INSTRUMENT OF SOCIAL CHANGE

PIL is an important tool for social change. It helps to improve the

welfare of all sections of society, especially the vulnerable and needy.
PIL has been used to fight atrocities and to protect the rights of
vulnerable people. In a landmark case - Bandhu Mukti Morcha v. Union
of India, the Supreme Court ordered the release of bonded laborers. In
a different case Murli S. Dogra v. Union of India, the court banned
smoking in public places. The Supreme Court has issued guidelines for
the rehabilitation and compensation of women who are raped while
working in a landmark judgement of Delhi Domestic Working Women’s
Forum v. Union of India ((1995) 1 SCC 14). Vishaka v. State of
Rajasthan Supreme court has laid down exhaustive guidelines for
preventing sexual harassment of working women in place of their work.

Laws governing PIL in India

The Indian courts have developed a number of PIL-related doctrines
over the years which are helpful in seeking social justice, including:

 Relaxed rule of locus standi- PILs can be filed by anyone on the

behalf of people who are disadvantaged and can't take action in
court themselves. This rule, called "locus standi," is usually less
strict in cases of PILs, in order to protect the interests and rights
of these people.

 Relaxed procedural rules- The courts have been lenient in

accepting PILs, even if they are only letters or telegrams as in the
case of Rural Litigation & Entitlement Kendra, Dehradun vs. State
of Uttar Pradesh. In addition, the law regarding pleadings has
been relaxed in cases of PILs.

 Intervention by the courts– According to the courts, Article 14

and 21 of the Indian Constitution and international conventions
on human rights allow for fair trials. When justice is not being
served fairly, the courts will step in to correct the situation.

 Question of maintainability- If the court is "prime facie" satisfied

that there is a violation of a constitutional right of a
disadvantaged group of people; the government may not ask any
questions about the lawsuit's validity.
 Principle of Res Judicata- The doctrine of res judicata or similar
will depend on the circumstances and facts of the case and the
nature of the PIL.

 Appointment of a Commission- Sometimes, the court can appoint

a commission to investigate a particular situation, and if the
commission takes over a public institution, the court may give the
commission management of the institution.

 PILs regarding constitutionality or validity of a statute or a

statutory rule– Ordinarily, the High Court should not entertain
such a petition by way of a PIL.

 Complete Justice– The Supreme Court of India has the power to

make any necessary decree or order to "do complete justice"
under Article 142. However, while other courts may pass orders
to do complete justice, they do not have the same power as the
Supreme Court.

 Misuse of PILs– Courts are very careful not to misuse petitions,

which would defeat the purpose of these lawsuits – to help the
poor and downtrodden. However, courts have ruled that even if a
petitioner approaches the court with personal grievances, the
court may still consider the matter in order to help the public
interest. The courts have consistently held this fact as in the case
of Kushum Lata v. Union of India [(2006) 6 SCC 180].

 Formulation of various concepts–  Environmental law cases

involve a variety of concepts that have been developed by the
courts, including the Polluter Pays Principle, the Precautionary
Principle, the Public Trust Doctrine, and Sustainable Development.