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Introduction
A major aspect of a legal framework is considered to be public interest litigation, especially
when considered in the context of downtrodden groups in the society of India. Arun
Wighmal, throughout the talk, who is a respected legal practitioner and expert imparted his
knowledge on PIL. This report gives an overview of Arun Wighmals speech on Public
Interest Litigation which incorporates the background, goals and its implications.

Speaker-Overview
Advocate Arun Wighmal, who is the managing partner of Wighmal and Company in New
Delhi, holds expertise in multiple numbers of legal fields, which includes family law,
banking, arbitration, and consumer litigation. He has imparted contributions which not only
surface on his profession of law but goes beyond it; he has also contributed by giving guest
lectures at various prestigious universities.

Constitutional Background
Public Interest Litigation is considered to be a sort of a tool that shall enable individuals and a
group of individuals to address social issues and/or defend their or others constitutional rights
by using the courts intervention powers. PIL is set apart due to its public addressal aspect,
which furthers to benefit the existing system and the society as a whole and protect the rights
of the ones who are not able to do so on their own, like the marginalised sections of the
society.
PIL was originally used in the American law practice, most evidently so under Abraham
Chaz's advocacy. Equitable remedies and injunctive relief were majorly supported by Chaz,
as well as liberalised party joinder, due to his practice the definition of interest was
broadened, and made class action claims easier than it was ever before. Enforcing the laws in
our legal framework for public welfare, the society as a whole and ensuring justice and
equality for marginalised sections of the society was the primary goal of PIL.

In India Public Interest Litigation was a representation of a break from traditional court cases,
which held dual goals of aiming to reduce societal suffering, victims in the society and being
able to hold the government accountable for breaking the law and not abiding by the
Constitution of India. One of the major individualities of PIL was that of aiming to close the

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gap between what the constitution guarantees and the reality of the citizens', ensuring access
to justice to all, primarily focusing on the economically disadvantaged groups.

Articles 32 and 226 of the Indian Constitution gives PIL its origin in India, which particularly
gives the High Court and the Supreme Court, respectively, the right and authority to impart
writs which are used to enforce basic rights of the citizens of India. These provisions give
PIL a constitutional standing and allows the courts to get involved directly in any matter of
public interest cases that may come up.

Precautions to be taken while drafting

When drafting a Public Interest Litigation petition the petitioners shall take the following
mentioned safety measures into account:
1. Clarity of Issues: The petition that is being filed shall incorporate an emphasis on the
clarity of the issues being mentioned and the issues relation to public interest and the
violation of any constitutional provisions, for the convenience of the court, for better
understanding and comprehension.
2. Factual Accuracy: The accuracy of the facts mentioned and the insightful research
adopted in the Public Interest Litigation petition is of great significance. It is
highlighted by taking reference to various factual allegations and any evidence
procured which may support the claim in multiple situations.
3. Legal Basis: The claim that is being made in the Public Interest Litigation petition,
shall be backed by absolute laws, provisions and legislations to portray that the
petition has a concrete legal foundation.
4. Frivolous Claims: There have been multiple instances where the court dismisses the
petition and punishes the petitioner for bringing up frivolous matters to the court and
wasting its valuable time. This makes it clear that the petition being filed shall
incorporate only valuable and real substance which serve the publics interest at large.
5. Appropriate Forum Selection: It is only correct to assume that the petition being
filed shall be filed under a court of proper forum of jurisdiction which as mentioned
includes the High Court or the Supreme Court.
6. Locus Standi: It must be verified that the petitioner has a valid and necessary legal
standing or locus standi to bring in the Public Interest Litigation petition in front of
the court. The petitioner must also have a clear standing as to why the petition is

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 raised in front of the court and how he is being impacted by the same or what the
reason is for that party to bring up the petition to the court.
7. Consultation and Cooperation: Legal expertise is required by either a legal
counsellor or an organisation who have the valuable knowledge on the specific area of
the issue being raised. This helps the petitioner to strengthen their petition, rule out
weaknesses, if any and the overall manner in which the petition will be brought up
before the court.
8. Drafting Accuracy: While filing the Public Interest Litigation, special care needs to
be taken with respect to accuracy, consistency and clarity of the draft. To make sure
about the effectiveness of communication of the petition and what is trying to be put
forth, the use of a clear and effective language is necessary and the non-use of
complex arguments.
9. Observance of the Court's Rules: It is also necessary to learn about the procedures
of the court and about the petition which is being filed. To make sure that no
regulations of the court are being hindered with and the procedure of the Public
Interest Litigation petition to go on smoothly, the formatting must be complied with
and any other necessities which are required, such as filing dates,etc.
10. Ethical Considerations: While drafting the Public Interest Litigation petition, it is
necessary to keep in mind the professional and ethical standards. To safeguard the
authenticity and originality of the Public Interest Litigation petition, any conflicting
interests must be avoided, in order to protect any sensitive information’s privacy and
to abide by the governing laws.

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 Parts of the Petition

The parts of the petition in a PIL typically include:

Introduction: Under this heading, the introduction of the petitioner is provided along with the
background information of the subject matter & the basic goal of the petition is stated.

Statement of Facts: An in-depth explanation of all the facts relating to the case is given under
this heading, describing the situation or the act that is said to have violated some rights or
public interest.

Constitutional Violations & Legal Basis: The particular laws or statutes that have been
breached are mentioned here, describing how the actions of the respondent has violated the
fundamental rights of a person or a group of people.

Redress Sought: The relief sought from the court is mentioned here, it can involve
instructions to the authorities, suggesting alterations to the policies in place or any action that
the petitioner deems to be necessary to be implemented shall be written here.

Prayer: The petitioner under this subhead officially seeks the court to grant the relief that they
have requested in the PIL throughout, mentioning the exact directions or order that the
petitioner is requesting the court to grant to address the issues at hand.

Appendices & Supplementary Record: To supplement & assist the assertions made in the
petition, affidavits and supporting documents and other relevant information is added.

Verification and Signature: A verification clause stating that the information provided in the
PIL is true to the best of the knowledge of the petitioner along with their signature is attested
at the end of every petition.

All of the pointers as mentioned above altogether make-up an extensive petition that sets out
the petitioner’s claims & whatever he/she is seeking from the court.

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 Procedural Aspects and Practices Involved

The below-mentioned are the procedural aspects involved in a PIL:

Locus Standi: A PIL allows any person or a group of people to approach the court in cases of
breach of public interest even though their own interest is not directly impacted. To provide
individuals to bring forward issue that affect the society at large the concept of locus standi
was introduced.

Epistolary Authority: General public is provided with the opportunity of approaching the
court to address their legal concerns even without appointing a legal representative, this
method also helps in bringing pressing issues of injustice to the court’s attention.

Comparing Adversarial and Inquisitorial Processes: Cases of Public Interest Litigation

usually deviate from the traditional procedure of the court proceedings. The procedures of the
court may take an approach which is inquisitorial in nature while persistently looking into
gathering evidence to ensure that justice is served particularly to the weaker sections of the
society.

Amicus Curiae Appointment: The court may, in certain cases of public interest litigation,
appoint an amicus curiae -friend of the court- to help in the proceedings of the petition filed.
Certainly in cases where specialised knowledge or technical assistance is required by the
parties to the petition. It also assists the court in making concrete decisions by providing the
court with specialised opinions and recommendations.

Publicity and Order Implementation: To address the specific issues which may be brought
up in the Public Interest Litigation petition, the courts may also give provisions to make sure
the proper execution of their given orders. This may include giving orders to any government
organisation or authority to put forth any plans or regulations for the advancement of the
general good of the society at large or safeguard the fundamental rights.

Monitoring and Compliance: In most public interest litigation petitions, the court may from
time to time keep on eye on its surroundings relating to the issue to ensure that the rulings are
being complied with. Judges are given the power to keep getting updated through reports

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regularly from the appropriate authority, to make sure that the public interest litigation
petitions issues have been resolved and they may also take any further actions if needed
relating to the same issue.

These features of the Public Interest Litigation, mention the special aspects which furthers the
aim of, social justice and the interest of the public. This usually calls for innovative solutions
and ideas to cater to the victim parties and the weaker sections of the society to strive for
justice and equality.

Conclusion

In conclusion, a detailed introduction to PIL was given in the guest lecture, which
emphasized the importance of PIL in resolving social problems and promoting social justice.
People even in cases where they are not directly impacted by the issues, can use PIL to
advocate for fundamental rights, the upholding of legal principles and the advancement of
public welfare.
The importance of public interest litigation (PIL) as a conduit for the protection of democratic
principles and accountability in governance is underscored by its bedrock commitment to
justice, equality, and the observance of law. The concept of locus standi has been liberalised
just as epistolary jurisdiction is acknowledged leading to greater access to justice among the
underprivileged minorities who can now file suits on their behalf and defend their rights. To
ensure that PIL is effective, these strategic questions should be answered in the affirmative.
To ensure the safety of drafting effective and legitimate PIL petitions, certain safety measures
need to be followed during drafting. These include a careful study, providing clear and
relevant data, giving proper statements of the problems, and adhering to the rules of
procedure. Additionally, there is a likelihood of openness in cases of PIL where it is avoided
for which litigation is judged as a waste of resources or a harassment to the proceedings. The
stakeholders are also likely to have a greater chance of success in PIL cases.
The standard sections of a PIL petition include the title; introduction and background; the
statement of facts; legal justifications; relief prayers, if any, and appendices or supporting
documents. Each element is necessary to effectively present the case and persuade the court
to give a favourable judgment.
Procedural methods and elements involved in Public Interest Litigation (PIL) proceedings are
numerous. Some of these are appointing an amicus curiae; relaxing locus standi rules;

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adopting an inquisitorial approach; ensuring publicity and compliance with court orders
among others such as watching over their enforcement mechanisms . These show how
dynamic this type of litigation is as well as courts commitment to protect constitutionalism
while at the same time safeguarding rights for vulnerable individuals.

In conclusion, it can be said that through these deliberations much has been learnt about what
PILs do towards social justice and overall welfare improvement. Participation in PIL
jurisprudence enables people or organizations advocate for democratic values, accountability
by those in power which may lead into positive transformations within communities.