Insights into Public Interest Litigation in India

Introduction

Public Interest Litigation (PIL) in India is a powerful legal tool that allows citizens to approach courts in cases where public interest is at stake. It serves as a channel for ensuring justice for disadvantaged and marginalized sections of society who may not have the means to represent themselves. It stems from the constitutional provisions under Articles 32 and 226, which empower the Supreme Court and High Courts respectively to issue writs for the enforcement of Fundamental Rights.

Origin and History of PIL in India

The concept of PIL was borrowed from the American legal system but was reshaped in India to suit the socio-political conditions of the country. PIL gained momentum during the late 1970s and early 1980s when the Indian judiciary, led by visionary judges, sought to expand the scope of legal remedies and access to justice.

Justice V.R. Krishna Iyer and Justice P.N. Bhagwati are credited with introducing PILs in India. They relaxed the traditional rules of locus standi (right to be heard in court), thereby allowing any concerned citizen to approach the court on behalf of those who are unable to do so.

Who Introduced PIL in India?

Justice P.N. Bhagwati played a pivotal role in institutionalizing PIL in India. He emphasized that access to justice should not be limited to the affluent or the elite but must be available to every Indian. Along with Justice Krishna Iyer, he transformed the judiciary into a proactive institution committed to social justice.

First PIL in India

The first officially recognized PIL was Hussainara Khatoon v. State of Bihar (1979), where the court addressed the plight of undertrial prisoners who were detained for years without trial. This landmark case highlighted the importance of timely justice and prompted reforms in the criminal justice system.

Father and Mother of PIL in India

Father of PIL in India: Justice P.N. Bhagwati is widely regarded as the father of PIL in India due to his role in establishing and promoting the concept.
Mother of PIL in India: Advocate Kapila Hingorani, who filed the Hussainara Khatoon case, is known as the mother of PIL in India.

PIL in India – UPSC and Legal Exam Relevance

Public Interest Litigation is an important topic for competitive exams like UPSC, AIBE, and various state judiciary exams. It forms part of Indian polity and constitutional law and is often used to evaluate a candidate's understanding of judicial activism and public welfare mechanisms.

What is PIL in India?

PIL is a legal mechanism that allows individuals or organizations to file petitions in the High Courts or the Supreme Court when issues of public interest are involved. Unlike traditional litigation, PIL does not require the petitioner to have a direct interest in the case. It is an embodiment of participatory justice and judicial outreach.

When Was PIL Introduced in India?

PIL was introduced in 1979 with the Hussainara Khatoon case. Since then, the Indian judiciary has dealt with numerous cases under PIL jurisdiction, significantly expanding its reach and relevance in Indian law.

Procedure to File a PIL in India

Identify the Issue: The issue must affect the public at large or a disadvantaged group.
Gather Evidence: Collect all supporting documents and facts.
Draft Petition: The petition should clearly state the facts, legal grounds, and relief sought.
Choose the Right Court: File the PIL in the High Court under Article 226 or in the Supreme Court under Article 32.
Submit Petition: File the petition through the court registry or PIL cell.
Court Proceedings: The court may issue notices, appoint committees, or take suo motu cognizance.

How Many PILs Are Filed in India?

Thousands of PILs are filed each year in India. The Supreme Court receives over 1,000 PILs annually, while High Courts across the country handle many more. However, a significant number are dismissed at preliminary stages due to lack of merit.

Who Can File a PIL in India?

Any Indian citizen can file a PIL. NGOs, social activists, and legal professionals often file PILs to address issues like human rights violations, environmental degradation, or governmental misconduct. The only requirement is that the petition must be in public interest and not for personal gain.

Can a Lawyer File a PIL?

Yes, lawyers frequently file PILs on behalf of clients or public causes. Given their legal expertise, they are often better equipped to frame the petition and argue the case effectively.

Can NGOs File PILs?

Yes, NGOs play a critical role in filing PILs, especially in areas like human rights, child welfare, environmental protection, and social justice. Organizations such as PUCL and CPIL are known for their extensive work in this domain.

Advantages of PIL

Access to Justice: Provides a legal voice to marginalized sections.
Judicial Review: Ensures government accountability.
Social Impact: Brings systemic issues into the spotlight.
Speedy Remedies: Encourages prompt redressal of grievances.
Public Awareness: Enhances legal consciousness among citizens.

Disadvantages of PIL

Frivolous Petitions: Can be misused for personal or political motives.
Judicial Overreach: Sometimes courts interfere in policy matters.
Delay in Genuine Cases: Frivolous PILs burden the judiciary.
Lack of Expertise: Some petitioners lack legal understanding, leading to poorly framed petitions.

Can a PIL Be Withdrawn?

Yes, a PIL can be withdrawn by the petitioner. However, the court may refuse withdrawal if it believes the issue affects public interest. In such cases, the court may continue proceedings on its own (suo motu).

How to Apply for PIL in Court?

To file a PIL:

Draft a writ petition including personal details, facts, legal issues, and relief sought.
Attach affidavits and supporting documents.
File the petition in the concerned court's registry or PIL cell.
Pay nominal court fees (may be waived for PILs).
Attend hearings and respond to court queries.

Difference Between PIL and Ordinary Petition

Aspect	PIL	Ordinary Petition
Objective	Public welfare	Individual grievance
Filed by	Any public-spirited citizen	Affected individual
Legal Standing	Locus standi relaxed	Locus standi required
Common Issues	Environment, rights, health	Property, employment, etc.

How Can a PIL Be Rejected?

If found to be frivolous or filed with ulterior motives.
If the issue lacks public interest.
If no legal or constitutional violation is found.
If alternative remedies are available.
If not supported by proper facts or evidence.

Conclusion

Public Interest Litigation (PIL) has revolutionized the Indian legal system by democratizing access to justice and allowing courts to intervene in issues of wide public concern. While its misuse must be curbed, its significance in promoting transparency, accountability, and human rights cannot be overstated.