In India the courts are open to everyone, not people whose own rights have been broken. Any Indian citizen who cares about what’s happening in the country can go to court through something called Public Interest Litigation. This means they can use the court to help people who are not being treated fairly, like the poor or the weak or to deal with problems that affect the whole country. Public Interest Litigation is a way for people to make sure the rights of the marginalized are protected and that important issues are taken care of.
Often called the “People’s Law,” PIL has transformed the judiciary from a passive observer into an active guardian of the Constitution.
The Peoples Law is what they usually call Public Interest Litigation. Public Interest Litigation has changed the courts. Now the courts are not just watching from the side. The courts are now actively making sure the Constitution is protected. Public Interest Litigation is really making a difference.
What is Public Interest Litigation (PIL)?
Public Interest Litigation refers to legal action initiated in a court of law for the enforcement of public interest or general social welfare. Unlike traditional litigation, where only the aggrieved party can sue (a concept known as Locus Standi), a PIL allows any individual or organization to file a case on behalf of those who cannot access the courts due to poverty, ignorance, or social disability.
The Legal Origin
The idea of Public Interest Litigation was started in India during the 1970s and early 1980s by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. They did this in an important case called S.P. Gupta vs. Union of India. In this case the Supreme Court made some changes to the rules. This allowed the judges to help the people like the last man, in the line who really need it. Public Interest Litigation is a deal because it helps Public Interest Litigation cases get to court.
Key Features of a PIL
Locus Standi Relaxation is a help. With Locus Standi Relaxation you do not have to be the person who was hurt to file a case. Anyone can file a case, if they think it is the thing to do. This means that people who care about the society can take action, even if they were not directly affected.
The main goal of PIL is not to beat the defendant. The goal of PIL is to make sure everyone gets what is fair. This is, for the community or the environment. Non-Adversarial methods want to help the community or the environment not just fight against the defendant.
The basis of this in the constitution is that Public Interest Litigations can be filed in the Supreme Court under Article 32 or they can be filed in High Courts under Article 226. Public Interest Litigations are very important for the public. So Public Interest Litigations can be filed in the Supreme Court or, in High Courts.
Epistolary Jurisdiction: In some cases, the court can treat a simple letter or even a news report as a writ petition.
What kind of issues can be raised in a Public Interest Litigation?
Public Interest Litigation issues can be about the environment, like pollution and things that harm nature.
Issues that affect a lot of people can be raised in a Public Interest Litigation, such as roads or poor healthcare.
Public Interest Litigation issues can also be about peoples rights, like the right to food or the right to a trial.
Some other Public Interest Litigation issues are about corruption or when the government does something that’s not fair.
Public Interest Litigation can even be used to stop something that’s, against the law like child labor or discrimination.
Not every complaint is a Public Interest Litigation. The Supreme Court has made some rules, about what Public Interest’s. Some common things that are considered Public Interest include:
Environmental Protection: Challenging pollution, deforestation, or illegal mining.
Human Rights: Addressing bonded labor, custodial torture, or prison reforms.
Governance & Corruption: Demanding transparency in public offices or challenging unconstitutional laws.
Public Health: Ensuring access to clean water, food safety, and medical facilities.
Child & Women Welfare: Issues like child labor, female foeticide, or sexual harassment at the workplace.
How to File a Public Interest Litigation
When you want to file a Public Interest Litigation you need to do your homework. This is so that the court does not throw out the Public Interest Litigation saying it is not a matter or that it is only about politics. You have to make sure you have a reason, for filing the Public Interest Litigation. Filing a Public Interest Litigation is a deal and you need to be careful. The court will look at your Public Interest Litigation. They will decide if it is worth listening to or not.
Step 1: Research and Documentation
To make a case we need to gather all the information, reports and proof related to the public grievance. If we file a Public Interest Litigation that is based on what people’re saying it will probably be rejected and we will have to pay the costs. We should focus on collecting the public grievance data to build a case.
Step 2: Legal Notice
It is an idea to send a legal notice to the government authorities first. This gives the government authorities a chance to fix the problem. The government authorities can then look into the matter. Take action to resolve the issue with the legal notice. Sending a notice, to the government authorities is often a good thing to do.
Step 3: Drafting the Petition
The petition has to say things clearly:
The facts of the case.
The basic rights of people are not being respected. These fundamental rights are being ignored. The fundamental rights are very important. They are being violated.
The “Public Interest” involved.
The specific Prayers” that the person wants the court to give them.
Step 4: Filing and Court Fees
The petition is filed in the High Court or Supreme Court. One of the biggest advantages of a PIL is the minimal court fee, making it accessible to everyone.
The Risks: Frivolous PILs and Judicial Restraint
PILs are really useful. People often use them for their own benefit or to get attention. This is usually called “Publicity Interest Litigation” or “Paisa Interest Litigation”. PILs are meant to help. Sometimes people misuse them for personal gain or publicity which is why we have these other names, for it like “Publicity Interest Litigation” or “Paisa Interest Litigation”.
The courts are really cracking down on people who file petitions. If someone files a petition that’s mean spirited or a total waste of the courts time the person who filed it may have to pay a lot of money in fines. This is what happens to people who are considered “interlopers”. The courts are taking this very seriously. The courts do not want to deal with “interlopers” who are just trying to cause trouble.
Conclusion: A Tool for Systemic Change
Public Interest Litigation is a powerful tool that Indian citizens can use to make sure the government is doing its job. We can see the effects of Public Interest Litigation in things that happen every day. For example the Visakha Guidelines help keep women safe at work and the rule about using CNG in Delhi helps reduce pollution. These are a few examples of how Public Interest Litigation can make a big difference in our lives. Public Interest Litigation is really important because it helps hold the government accountable, for its actions.
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