Public Interest Litigation (PIL) allows citizens to approach the courts to seek justice on behalf of disadvantaged or marginalised groups, addressing matters that impact society as a whole. Introduced in India in the late 1970s, PIL has become an important instrument for safeguarding fundamental rights, ensuring government accountability, and addressing social, environmental, and public health issues. This guide examines its purpose, procedures, landmark judgments, and limitations, emphasising how PIL promotes social justice, encourages civic engagement, and strengthens judicial activism by making legal remedies accessible to those who need them most.
What is Public Interest Litigation (PIL)?
PIL, or Public Interest Litigation, is a legal mechanism that allows any citizen to approach the court to protect public interest or address issues affecting society. It serves as a means to promote social justice by letting individuals or groups file cases on behalf of those who cannot seek justice themselves due to poverty, social disadvantage, or other limitations. In India, PILs can be filed under Article 226 in a High Court or under Article 32 in the Supreme Court.
Objective behind filing a PIL
- To protect the fundamental rights of disadvantaged or marginalised communities.
- To ensure government accountability and transparency.
- To address environmental issues or public health concerns.
- To resolve instances of administrative inaction or misuse of power.
- To uphold constitutional values and the rule of law.
History of PIL in India
The concept of PIL in India began in the late 1970s and early 1980s, led by the judiciary’s proactive stance on social justice. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were instrumental in evolving this jurisprudence. The first recognised PIL was Hussainara Khatoon v. State of Bihar (1979), which dealt with the rights of undertrial prisoners. Over time, PIL became a powerful instrument for judicial activism in India.
Importance of Public Interest Litigation (PIL)
PIL has played a transformative role in Indian democracy by:
- Making justice more accessible to the underprivileged.
- Serving as a check on executive and legislative actions.
- Encouraging civic participation in governance.
- Promoting awareness of legal rights among the public.
- Facilitating social change through judicial interventions.
Types of issues covered by Public Interest Litigation
- Violation of basic human rights of the poor or marginalised.
- Environmental protection and pollution control.
- Road safety, traffic regulation, and public health concerns.
- Inaction by public authorities or corruption in governance.
- Rights of children, women, and workers.
- Misuse of religious institutions for commercial purposes.
Types of issues not covered by Public Interest Litigation
- Matters concerning personal disputes.
- Service-related matters of government employees.
- Complaints not affecting public interest.
- Petitions motivated by personal or political interest.
- Vague or non-specific allegations without evidence.
Who can file a Public Interest Litigation (PIL)?
- Any Indian citizen or group can file a PIL.
- The petitioner need not be the affected party—they must act in public interest.
- NGOs, legal activists, journalists, or even social workers often file PILs.
- The intent must be bona fide and not for personal gain or publicity.
Procedure to File Public Interest Litigation (PIL) in India
- Draft a petition addressing a matter of public concern.
- File it in the High Court (under Article 226) or Supreme Court (under Article 32).
- PILs can also be sent as letters to judges (epistolary jurisdiction).
- The court reviews the merits before admitting the petition.
- After admission, the court issues notices to the respondents, seeks reports, and schedules hearings.
How much money is required to file a PIL?
- Court fees are minimal—only Rs. 50 per respondent in the Supreme Court.
- In High Courts, the fee may vary slightly based on state rules.
- Major costs arise from legal representation if you hire an advocate, though legal aid may be available.
Public Interest Litigation (PIL) examples
- Vishaka v. State of Rajasthan – Guidelines against sexual harassment at workplaces.
- M.C. Mehta Cases – Clean-up of the Ganga, closure of polluting industries, vehicular pollution control.
- Right to Food Campaign – Ensured mid-day meals in schools.
- Bandhua Mukti Morcha v. Union of India – Against bonded labor practices.
- Olga Tellis v. Bombay Municipal Corporation – Right to livelihood of pavement dwellers.
Significance of PIL in India
PIL bridges the gap between law and social justice. It ensures that legal remedies are accessible to those who lack resources or representation. PIL has been pivotal in advancing human rights, improving governance, and giving voice to the voiceless—making it a cornerstone of democratic and judicial reform in India.
Limitations of Public Interest Litigation (PIL) in India
Misuse and Frivolous Litigation:
- Personal or political motives: Some PILs are filed to serve personal interests, gain publicity, or settle political scores rather than to benefit the public.
- Baseless petitions: The ease of filing has sometimes led to an increase in cases that have little or no legal merit.
Burden on the Judiciary:
- Increased caseload: The growing number of PILs adds to the already heavy backlog of cases in courts.
Enforcement and Judicial Overreach:
- Risk of overreach: Courts may sometimes extend their role into policy-making or the implementation of government programs.
Factors contributing to the rise of Public Interest Litigation in India
Judicial and Legal Factors
- Judicial activism: Courts step in to address social injustices and enforce laws when authorities fail to act.
- Relaxed locus standi: Any concerned citizen or organisation can file a PIL on behalf of people who cannot approach the courts due to poverty or social barriers.
- Epistolary jurisdiction: Courts can accept letters, news reports, or petitions as the basis for a PIL, making justice more accessible.
- Broad interpretation of Fundamental Rights: Article 21 now covers rights to a clean environment, livelihood, health, and education.
- Progressive laws: Strong legislation on labour, environment, and wages allows PILs to hold authorities accountable.
Social and Administrative Factors
- Government inaction: Bureaucratic delays or apathy often prompt citizens to approach courts through PILs.
- Socio-economic inequalities: Poverty, illiteracy, and lack of awareness limit access to justice, increasing reliance on PILs.
- Growing awareness: Media coverage of social issues motivates more public-spirited citizens to file PILs.
Conclusion
Public Interest Litigation has evolved into a vital tool for protecting rights, preserving the environment, and holding public authorities accountable. It reflects the strength of a legal system that prioritises fairness and equity. For citizens aiming to bring about change or address injustice, PIL offers a direct and impactful legal pathway. Additionally, for legal professionals and activists managing the financial demands of prolonged litigation, tailored financial products like a lawyer loan or a professional loan can ease the burden and support their cause for justice.
