Internal Link: wedidit.in
External Link: Supreme Court of India – Public Interest Litigation Guidelines
“PIL: A tool for justice and accountability in a democracy.”
What is Public Interest Litigation (PIL)?
Public Interest Litigation, or PIL, is a legal tool that allows any individual or group to approach the court on behalf of those whose rights are being violated, especially when the affected people themselves cannot do so.
It is a unique feature of the Indian judiciary introduced in the late 1970s to make justice more accessible, affordable, and people-centered.
Why is PIL Important?
PILs have become a cornerstone of democracy in India because they:
Give voice to the voiceless: Protect rights of marginalized and weaker sections.
Ensure accountability: Courts intervene when governments or authorities fail in their duties.
Address larger social issues: Environment protection, corruption, bonded labor, women’s rights, prisoners’ rights, etc.
Expand scope of fundamental rights: PIL has broadened the meaning of Right to Life under Article 21.
In short, PIL is not just law, it’s a tool for social change.
Who Can File a PIL?
Unlike traditional cases where only the aggrieved person can file, a PIL can be filed by:
Any citizen of India.
NGOs, activists, or public-spirited individuals.
Even through a letter petition addressed to the court.
Example: In Hussainara Khatoon vs State of Bihar, a journalist’s petition led to the release of thousands of undertrial prisoners.
How to File a PIL – The Procedure
Before Filing:
Collect evidence and documents supporting the cause.
Ensure the issue affects public interest, not private disputes.
Seek legal guidance to draft the petition.
Filing the PIL:
File in the Supreme Court (Article 32) or High Court (Article 226).
Petitions must include facts, constitutional provisions violated, and relief sought.
Pay a nominal court fee.
After Filing:
Court reviews admissibility of the case.
If admitted, notices are sent to concerned authorities.
Hearings are conducted, and interim orders may be passed.
Final judgment ensures remedies like compensation, policy changes, or strict action.
PILs are designed to be faster and less technical than regular litigation.
Criticisms and Challenges of PIL
While PILs are powerful, they are not free from criticism:
Judicial Overreach: Courts sometimes enter into areas meant for the legislature or executive.
Frivolous PILs: Many are filed for publicity, political gain, or to settle personal scores.
Burden on Judiciary: Increasing PILs add to the already heavy workload of courts.
Implementation Issues: Even after landmark PIL judgments, enforcement on the ground is often weak.
Hence, while PIL is a blessing, it must be used with responsibility and seriousness.
Call to action
For a comprehensive understanding of PIL, its history, working, successes, and challenges explore the ebook PIL: Public Interest Litigation – Power, Purpose and People’s Rights by Sree Krishnan Seelam, https://amzn.in/d/7gZnrxt.
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