A Public Interest Litigation (PIL) is introduced in a court of law not by the aggrieved party but by a

private party or by the court itself.

• PILs have become an effective tool for enforcing the legal obligation of the executive and the
legislature. • The chief objective behind PILs is ensuring justice to all and promoting the welfare of
the people. • It is generally used to safeguard group interests and not individual interests, for which
Fundamental Rights have been provided. • The Supreme Court of India and the High Courts have the
right to issue PILs. • The concept of PILs stems from the power of judicial review. • The concept of
PILs has diluted the principle of locus standi, which implies that only the person/party whose rights
have been infringed upon can file petitions. • It has most ideally and commonly been used to
challenge the decisions of public authorities by judicial review, to review the lawfulness of a decision
or action, or a failure to act, by a public body. • PILs have played an important role in India’s polity.
They have been responsible for some landmark judgements in India such as the banning of instant
triple talaq, opening up the doors of the Sabarimala and the Haji Ali shrines to women, legalised
consensual homosexual relations, legalised passive euthanasia, and so on.

WHO CAN FILE A PIL? Any Indian citizen or organisation can move the court for a public
interest/cause by filing a petition: • In the SC under Article 32 • In the High Courts under Article 226
The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that
the writ petition complies with the following: • The letter is addressed by the aggrieved person or a
public-spirited individual or a social action group for the enforcement of legal or constitutional rights
to any person who, upon poverty or disability, are not able to approach the court for redress. • The
court can also take action based on newspaper reports if it is satisfied with the case.

SIGNIFICANCE OF PUBLIC INTEREST LITIGATION (PIL) IN INDIA • The original purpose of PILs has
been to make justice accessible to the poor and the marginalized. • It is an important tool to make
human rights reach those who have been denied rights. • It democratizes access to justice for all.
Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have
the means to do so. • It helps in judicially monitoring state institutions like prisons, asylums,
protective homes, etc. • It is an important tool in judicial review.

LAWS GOVERNING PIL IN INDIA Over the years, the courts in India have formulated various
principles with respect to PILs: • Relaxed rule of locus standi- PILs can be filed by any person for the
welfare of others who are disadvantaged and are thus unable to approach the courts themselves.
Thus, the general rule of locus standi has been relaxed in cases of PILs to protect and safeguard the
interests and rights of these disadvantaged people. • Relaxed procedural rules- Courts have treated
even a letter or a telegram as a PIL as in the case of Rural Litigation & Entitlement Kendra, Dehradun
vs. State of Uttar Pradesh. Even the law regarding pleadings has been relaxed by the courts in cases
of PILs. • Intervention by the courts– Courts has also highlighted the fact that Article 14 & 21 of the
Constitution of India and the International Conventions on Human Rights provide for a fair and
reasonable trial. Thus, Courts must intervene when injustice is done to many. • Question of
maintainability- The Government may not be allowed to raise questions as to the maintainability of
the PIL if the court is prime facie satisfied that there is a variation of any constitutional rights of a
disadvantaged category of people. • Principle of Res Judicata- The principle of res judicata or any
principles analogous to it would depend on the circumstances and facts of the case and the nature of
the PIL. • Appointment of a Commission- In special circumstances, a court may appoint a
Commission or other bodies to investigate. In the event that the Commission takes over a public
institution, the Court may direct management of it. • 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– Under Article 142 of the Constitution of India, the Hon’ble Supreme Court
of India has the discretionary power to pass a decree or order as may be necessary to do complete
justice. However, while high courts may pass orders to do complete justice, they do not have powers
with respect to those granted to the Hon’ble Supreme Court under Article 142. • Misuse of PILs–
Courts are extremely cautious to ensure that PILs are not misused as the misuse of PILs would defeat
the very purpose for which it was conceived i.e. to come to the rescue of the poor and the
downtrodden. • Formulation of various concepts– In environmental law cases, the courts have
formulated and evolved several concepts including the Polluter Pays Principle, the Precautionary
Principle, the Public Trust Doctrine and Sustainable Development.

CASE LAWS RELATED TO P.I.L:

1. Hussainara khatoon v. U.O.I (air-1979) A counsel filed the PIL after reading news items in the Indian
Express about thousands of under-trial detainees sitting in various jails across Bihar. More than
40,000 people who were awaiting trial were released as a result of this case. A basic right denied
these prisoners derived from the right to rapid justice. The same established pattern was followed in
subsequent occurrences.

2. Peoples Union for Democratic Rights v. U.O.I. Now at the request of the “public-spirited citizens,”
the court authorizes PIL and social interest disputes to enforce the constitutional and legal rights of
anyone or group of persons who, because of their social or economic disadvantage, cannot approach
the courts for remedy. The courts should be welcome at the doorstep of civil disputes of this sort.
Litigation of public interest is a component of the judicial process.

3. In the case of the Judge’s transfer, AIR 1982, SC 149, The Supreme Court ruled that any member of
the public with a significant stake in public injury deriving from the infringement of legal rights can
file a PIL to seek judicial redress. This is very necessary for the rule of law to be maintained and the
balance between law and justice to be sharpened. It is the law when a person approaches an equity
court with remarkable competence. Not only clean hands, but clean mind, heart, and intentions
should be before entering the courtroom.

4. M.C Mehta v. UO.I. (air-1998) A PIL was filed against Ganga water emissions to avoid future
pollution of the Ganga.

5. Council for Environment Legal Action v. U.O.I (air-1996) Concerning the economic decline in the
coastal area, a PIL was filed by a recognized non-profit organization. S.C. issued necessary orders and
directives to enforce environmental regulations