Home
Legal Advice
Supreme Court
What is Public Interest Litigation (PIL)?

What is Public Interest Litigation (PIL)?

24-May-2025

Supreme Court

Answer By law4u team

Public Interest Litigation (PIL) is a legal mechanism in India that allows individuals or organizations to approach the courts on behalf of the public or for matters of public concern, even if they themselves are not directly affected by the issue. PIL aims to promote justice for socially disadvantaged or marginalized sections of society. Key Features of PIL: 1. Access to Justice: It provides an avenue for citizens to seek judicial intervention in cases where public welfare or constitutional rights are at stake, even if they are not personally affected by the issue. 2. Judicial Activism: PIL has played a key role in judicial activism in India, where the courts have taken proactive measures to protect the environment, ensure human rights, and enforce social justice. 3. Types of Issues Addressed: - Violation of fundamental rights. - Environmental protection and conservation. - Protection of human rights, such as the rights of workers, children, women, etc. - Issues related to corruption or misuse of government power. 4. Who Can File a PIL?: - Any public-spirited person or organization can file a PIL, even if they are not personally affected by the matter. - The petition can be filed in the Supreme Court or High Court of India. 5. Judicial Discretion: - The court may entertain a PIL if it is in the public interest or for the enforcement of a fundamental right. - However, the court may reject a PIL if it is frivolous, personal in nature, or not in the public interest. 6. Outcome: - A PIL can lead to judicial orders, including the enforcement of rights, orders to authorities to act, or even changes in laws or policies. - It is also used for social reforms and addressing issues like pollution, corruption, child labor, etc. Notable Examples: - M.C. Mehta v. Union of India (environmental protection case). - Vishaka v. State of Rajasthan (establishment of guidelines for preventing sexual harassment at the workplace). - People’s Union for Civil Liberties (PUCL) v. Union of India (right to privacy and human rights). PIL plays a crucial role in advancing public welfare and addressing issues that may otherwise be neglected. However, it is also important that PILs are used responsibly to avoid overburdening the judicial system with frivolous claims.

Answer By M.srinivasan

Public Interest Litigation (PIL) is a legal mechanism in India that allows any individual or group to file a petition in court on behalf of those whose rights are being violated but who may not have the means or ability to approach the court themselves. Key Features of PIL: 1. Purpose: To protect the public interest, particularly the rights of disadvantaged, marginalized, or unrepresented groups. Often deals with issues like environmental protection, human rights, corruption, and social justice. 2. Who Can File: Any public-spirited person or organization can file a PIL, even if they are not directly affected by the issue (relaxation of locus standi). The court can also take suo motu (on its own) cognizance of matters of public interest. 3. Where to File: Supreme Court under Article 32 (for enforcement of Fundamental Rights). High Courts under Article 226 (for enforcement of legal or fundamental rights). 4. Types of Issues Covered: Violation of fundamental rights. Environmental degradation. Illegal detention. Corruption or misuse of power. Rights of prisoners, women, children, tribal and economically weaker sections. 5. Procedure: PILs can be filed in the form of a regular petition or even a simple letter, especially in earlier cases, which courts may treat as writ petitions. Significance: Strengthens judicial activism and access to justice. Ensures accountability of public authorities. Has led to landmark judgments and reforms in Indian governance and society. Misuse Concern: Courts have cautioned against frivolous or politically motivated PILs that waste judicial time and delay justice. In essence, PIL is a powerful judicial innovation aimed at social transformation and justice for all, especially the voiceless. अदालतों ने तुच्छ या राजनीतिक रूप से प्रेरित PIL के खिलाफ़ चेतावनी दी है जो न्यायिक समय बर्बाद करती हैं और न्याय में देरी करती हैं। संक्षेप में, PIL एक शक्तिशाली न्यायिक नवाचार है जिसका उद्देश्य सामाजिक परिवर्तन और सभी के लिए न्याय है, खासकर आवाज़हीन लोगों के लिए।

Answer By Anik

Dear Client, Public Interest Litigation (PIL) allows any public-spirited individual or organization to file a petition in the High Courts or the Supreme Court to address issues affecting the public at large. This mechanism is especially significant in a diverse and populous country like India, where many individuals may be unaware of their rights or unable to access legal recourse. Although PIL isn’t written into law, it relies on several constitutional principles: Article 32: This article allows individuals to bring their case regarding fundamental rights before the Supreme Court. Article 226: This article allows High Courts to write orders to enforce fundamental rights. Article 14 guarantees that people are considered equal by the law. Article 21 includes a right to life and personal liberty. The judiciary has relaxed the traditional rule of locus standi (the right to bring an action) in PIL cases, allowing individuals or groups not directly affected by an issue to file petitions on behalf of those who are. Hussainara Khatoon filed against Arunachal Pradesh State of Bihar AIR 1979 SC 1369 This case showed how several under trials in Bihar were kept in jail for long spans of time without being tried. The Supreme Court mandated the release of such prisoners and emphasized the right to a speedy trial under Article 21. Legal Practical Applications Justice For All: PILs have made it possible for those with difficulties to get their cases heard in court. Courts have encouraged governments to create or modify laws dealing with issues such as environmental concerns, human rights and public health, through PILs. By filing PILs, people have allowed the courts to act more actively in running the government which has sparked conversations about how each branch of the government should function. I hope this answer helps. In case of future queries please feel free to contact us. Thank you.