What is Public Interest Litigation and What is Its Importance?

Public Interest Litigation (PIL) means a case or petition filed before a court to protect,
safeguard or enforce public interest. Public interest means the interest or right belonging to the
society, a particular class of the community or a group of people. PILs are filed to resolve a
problem affecting the legal rights of a community or the public at large.

PILs are filed in the courts to safeguard group interests, not individual interests. It can be filed
only in the Supreme Court of India or the State High Courts. PILs have become a powerful
tool to enforce the legal obligation of the legislature and executive. The primary objective behind
PILs is to provide justice to all and promote the welfare of the people.

What is Public Interest Litigation (PIL)?

A Public Interest Litigation (PIL) is not defined in any law, statute or act. It is filed before the courts
under the Constitution of India to protect public rights and promote general welfare. The
concept of PIL originated in India from the power of judicial review. A PIL is filed in a court not
by the aggrieved person but by a private person interested in public welfare and betterment of
society.

Anyone can file a PIL for any matter affecting the interest of the public, such as road safety,
pollution, construction hazards, terrorism, neglected children, atrocities on women, exploitation of
casual workers, bonded labour, non-payment of minimum wages to workers, food adulteration,
disturbance of ecological balance, maintenance of heritage and culture, etc.

Importance of public interest litigation

PIL is a vital tool to enforce the human rights of those people who do not have access to them
due to poverty or such other reasons. It also helps judicially monitor state institutions like
protective homes, prisons, asylums, etc. PIL aims to facilitate common people to access the courts
to seek redress in legal matters. It is a crucial tool for social change, accelerating the attainment
of justice and law and upholding the rule of law.

PIL has been critical in bringing about political and social change in India and has been
instrumental in exposing and addressing various issues affecting the public. PIL has been used to
protect the rights of the marginalised, such as bonded labourers, slum dwellers and prisoners and
helped to improve their living conditions. It is used for safeguarding group interests for which
fundamental rights have been provided.

The original goal of PILs was to make justice available to the marginalised and underprivileged. It
aimed to make justice accessible to everyone. Later on, the scope of PIL was expanded to
implement the legal obligation of the executive and legislature through judicial review.

PILs guarantee judicial review of administrative actions through increased public participation.
PILs have commonly been used to challenge the decisions of public authorities by the parameters
of judicial review, the lawfulness of a decision or action, or to review a failure to act.

Who can file public interest litigation?

All Indian citizens or organisations can file a public interest litigation petition before the
Supreme Court under Article 32 of the Constitution of India or the High Courts under Article 226 of
the Constitution of India. However, the person or organisation filing the PIL petition must prove to
the court that the PIL is being filed for an issue concerning public interest and that it will benefit
the public at large.

A PIL can only be filed against the Central Government, municipal governments or State
Government and not against individuals. The Parliament of India, each State's Legislature, and all
local or other authorities under the control of the government are included in the definition of a
government.

How to file a public interest litigation?

Below are the steps to file a PIL:

Step 1: The person filing the PIL (known as the petitioner) must understand the issues concerning
people at large by researching and consulting all the individuals or groups related to the issue.

Step 2: The petitioner must collect all the necessary information and documents as evidence to
support the PIL petition.

Step 3: Draft the PIL petition containing the name of the court, name and address of the petitioner
and opposite party (respondent), the article under which it is filed, facts of the case (facts and
information of the issue concerning public) and the relief sought from the court.

Step 4: Send a copy of the PIL petition to the respondent.

Step 5: File the PIL petition with the Supreme Court or High Court along with the proof of sending
the petition copy to all the respondents. If the petitioner files the PIL in High Court, he/she must
submit two copies of the petition to the court and in the case of the Supreme Court, the petitioner
must submit five copies of the petition to the court.

How much money is required to file a PIL in India?

The court fee for filing a PIL is Rs.50 per respondent. However, the expense of arguing the
case in front of the court depends on the advocate the petitioner chooses.

Examples of public interest litigation cases

PILs have played an important role in India’s polity. They are responsible for some landmark
judgements in India, such as the banning of triple talaq, opening the doors of the Sabarimala and
the Haji Ali shrines to women, legalising consensual homosexual relations, legalising passive
euthanasia, etc.

A few examples of PIL are as follows:

 Hussainara Khatoon vs. State of Bihar case: This case was the first reported instance of
PIL in India, which brought attention to the issue of inhuman conditions of prisoners and
undertrial prisoners.

 Vishaka vs. State of Rajasthan: This case is related to the issue of sexual harassment in
the workplace. As a result, the Vishaka Guidelines came into effect, published in 1997,
which provided employers with the definition of sexual harassment, a list of preventative
strategies, and information on filing complaints of workplace sexual harassment.
  M.C. Mehta vs. Union of India: This case is related to pollution in the Ganges basin. The
judgment criticised the local government for giving permission for untreated sewage from
Kanpur’s tanneries to enter the Ganges. Directions were given to prevent the
consequences of water and air pollution on millions of people in the Ganga basin and
emphasised the need for sustainable development.
Parmanand Katara vs. Union of India: This case was filed to facilitate hospitals to handle
emergency accident cases without concern for pending police investigations. The judgment
made it obligatory for a hospital or doctor, public and private, to provide immediate medical
aid to a road accident victim.
Javed vs. State of Haryana: In this case, the constitutionality of a population control
provision governing the panchayat election was challenged. The Haryana Provision
disqualified persons having more than two children from holding certain offices in
panchayats. The court mainly emphasised the problem of population explosion as a global
and national issue at the expense of protecting human rights. The court held that the
Haryana Provision was well-defined and based on a clear objective to popularise family
planning.

Public interest litigation advantages and disadvantages

Below are the advantages of PIL:

 It ensures that public bodies are accountable by acting reasonably within the limits of their
powers and ensures they make precise choices.

 It expands the scope of law by helping the judges to understand legislation and develop
laws.

 It gives weak people a voice by emphasising a significant issue and gives them a platform
to advocate their rights.

 It helps raise awareness of critical public problems through media coverage and debates.

 Since the court fees are nominal, citizens can file a PIL to seek a reasonable solution for a
public issue.

 It helps to focus attention on broader public issues in the areas of consumer welfare,
environment and human rights.

Below are the disadvantages of PIL:

 Petitions without a significant public issue can waste the courts’ time.

 The Indian Judiciary is already burdened with a heavy caseload due to pending cases, and
PIL petitions may add to that burden.

 Sometimes, PIL may be abused by individuals pushing for personal grievances instead of
championing public causes, and thus, public interest litigation may become private interest
litigation.

 The lack of effective implementation of court judgments is a significant issue hindering

successful PIL implementation.
Public Interest Litigation (PIL) in India

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 a potent 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 the instant triple talaq, opened up the
doors of the Sabarimala and the Haji Ali shrines to women, legalised consensual
homosexual relations, legalised passive euthanasia, and so on.

Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:

1. In the SC under Article 32

2. 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 on the basis of newspaper reports if it is satisfied with the case.

History of Public Interest Litigation (PIL) in India

In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from
Patna’s jails in the famous ‘Hussainara Khatoon’ case. Hingorani was a lawyer. This case was
filed in the SC before a Bench led by Justice P N Bhagwati. Hingorani is called the ‘Mother of
PILs’ as a result of this successful case. The court permitted Hingorani to pursue a case in which
she had no personal locus standi making PILs a permanent fixture in Indian jurisprudence.

Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated. He did not
insist on the observance of procedural technicalities and even treated ordinary letters from public-
minded individuals as writ petitions. Justice Bhagwati and Justice V R Krishna Iyer were among
the first judges in the country to admit PILs.

Read Important Supreme Court Judgements on the page linked here.

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 the access of justice to 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.

Criticism of Public Interest Litigation (PIL) in India

Off late, PILs have become a tool for publicity. People file frivolous petitions which result in the
wastage of time of the courts. People have used them with a political agenda as well. They
unnecessarily burden the judiciary. Even if the petition is eventually dismissed, the courts spend
time and effort on them before dismissing them.

At present, only judges have the power to dismiss a petition. The Registry of the SC or HC only
ensures that the technical requirements of filing a petition are fulfilled. As a result of which
petitions are admitted to the court irrespective of the merits of the case.

Way Forward with Public Interest Litigation

1. The court should not allow its process to be abused by politicians and others to delay
legitimate administrative action or to gain political objectives.
2. The PIL activists should be responsible and accountable.
3. The court must be careful to see that the petitioner must be acting bona fide and not for
personal gain.
4. In shaping the relief the court must take into account its impact on those public interests.
5. Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country,
it should not be used by all litigants as a substitute for ordinary ones or as a means to file
frivolous complaints.

Current Affairs related to PIL in India

Various news keeps on revolving PIL in India as it is one of the most accessible public instruments
that can be used to seek judicial action. Check the latest news related to PIL below:

 PIL was moved to quash the PM CARES fund

 Public Interest Litigation has been filed in the Supreme Court of India seeking directions to
the Government of India to make arrangements in order to rescue and bring the Indian
Migrants stranded in Gulf Countries
 A petition has been filed before the Supreme Court of India, seeking directions to States,
their Municipal authorities and local self-government authorities to ensure the protection of
rights of the sanitation workers who are also essential service providers amidst the
nationwide lockdown in wake of the COVID-19 outbreak

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What is considered a public interest?
It refers to legal practices undertaken to help economically weak or marginalized people, or to
effect change in social policies in the public interest, on ‘not for profit’ terms.
Q2 Who can file public interest litigation?
Any person can file a PIL. The petitioner need not be the aggrieved person. Even an organization
can file a PIL.
Q3 How much does it cost to file a PIL?
The court fee for filing a Public Interest Litigation is Rs.50 per respondent.
Q4

Is PIL a writ?

A writ is a written command given by a court. It can be to enforce action or stopping action from
happening. A PIL is a form of writ, with just one specification that the matter is related to the
general well-being of the public instead of a particular litigant.

Multiple Choice Question

Consider the following statements

1. PIL is a rule of law declared by the courts of record. However, the person (or entity) filing
the petition must prove to the satisfaction of the court that the petition serves the public
interest and is not as a frivolous lawsuit brought for monetary gain.
2. In Kalyaneshwari vs Union of India, the court cited the misuse of public-interest litigation in
business conflicts. A writ petition was filed in the Gujarat High Court seeking the closure of
asbestos units, stating that the material was harmful to humans. The high court dismissed
the petition, stating that it was filed at the behest of rival industrial groups who wanted to
promote their products as asbestos substitutes.
3. Judicial review is considered a basic structure of the constitution (Indira Gandhi vs Raj
Narain Case).
4. One of the limitations of Judicial Review is, it is only permissible to the extent of finding if
the procedure in reaching the decision has been correctly followed but not the decision
itself.