TABLE OF CONTENTS

• Acknowledgment_________________________2

• Introduction_____________________________3

• Chapter - 1______________________________5

• Chapter - 2______________________________7

• Chapter - 3______________________________9

• Chapter - 4_____________________________12

• Case Laws______________________________14

• References______________________________17

• Conclusion______________________________18
 ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Assistant Professor, for

his invaluable guidance, insightful feedback, and unwavering support
throughout this academic endeavour and for providing me with the
opportunity to delve into the fascinating realm of Public Interest
Litigation and explore its significance in advancing the collective
welfare and upholding the principles of justice and equity through this
assignment. Your guidance and support have been invaluable
throughout this learning journey.

I am also thankful to my peers who have provided constructive

feedback and engaged in insightful discussions, enhancing my
understanding of the subject matter. Their camaraderie has made the
learning process both enjoyable and fulfilling.

Furthermore, I would like to express my appreciation to all the

scholars, jurists, and activists whose pioneering work in the field of
PIL has served as a constant source of inspiration and enlightenment.
Their tireless advocacy for social justice and commitment to
upholding the public interest have set a precedent for legal activism
and catalyzed positive change in society.

Thank you all for being part of this enriching experience and to all
those who have contributed to the completion of this assignment.

With regards,
(Your Name)

1
 INTRODUCTION

Public interest Litigation (PIL) means litigation filed in a court of law,

for the protection of “Public Interest”. Any matter where the interest
of the public at large is affected can be redressed by filing a Public
Interest Litigation in a court of law such as Pollution, Terrorism, Road
safety, Construction hazards, etc.

Public Interest Litigation (PIL) is a legal mechanism that allows any

individual or group to approach the court to seek justice in matters
that concern the public interest, rather than merely private grievances.
This concept emerged as a means to provide access to justice for those
who might not otherwise have the resources or standing to bring a
case before the court. PIL plays a crucial role in ensuring
accountability, promoting transparency, and safeguarding the rights of
citizens.

Public Interest Litigation (PIL) means a case or petition filed before a

court to protect, safeguard or enforce public interest. Public interest
means the interest or right belonging to the society, a particular class
of the community or a group of people. PILs are filed to resolve a
problem affecting the legal rights of a community or the public at
large.

PILs are filed in the courts to safeguard group interests, not individual
interests. It can be filed only in the Supreme Court of India or the
State High Courts. PILs have become a powerful tool to enforce the
legal obligation of the legislature and executive. The primary
objective behind PILs is to provide justice to all and promote the
welfare of the people.

What is Public Interest Litigation (PIL)?

A Public Interest Litigation (PIL) is not defined in any law, statute or
act. It is filed before the courts under the Constitution of India to
protect public rights and promote general welfare. The concept of PIL
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originated in India from the power of judicial review. A PIL is filed in
a court not by the aggrieved person but by a private person interested
in public welfare and betterment of society.

Anyone can file a PIL for any matter affecting the interest of the
public, such as road safety, pollution, construction hazards, terrorism,
neglected children, atrocities on women, exploitation of casual
workers, bonded labour, non-payment of minimum wages to workers,
food adulteration, disturbance of ecological balance, maintenance of
heritage and culture, etc.

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 CHAPTER-1
ORIGIN and RESPONSE OF PUBLIC
INTEREST LITIGATION
In India, the PIL is a product of the judicial activism role of the
Supreme Court. It was introduced in the early 1980s. Justice V R
Krishna Iyer and Justice P N Bhagwati were the pioneers of the
concept of PIL.
PIL began in India towards the end of the 1970s and came into full
bloom in the 1980s. Justices V.R. Krishna Iyer and P.N. Bhagwati
delivered some landmark judgements that opened up new vistas of
PIL.
PIL originated in India to empower citizens to seek judicial
intervention in matters of public concern. It aimed to address systemic
injustices, protect fundamental rights, and enforce constitutional
obligations.

Public Interest Litigation (PIL) originated as a response to the need

for broader access to justice and to address systemic injustices.
Several factors contributed to its emergence:

 Judicial Activism: In the 1970s, the Indian judiciary began to

adopt a more proactive role in protecting fundamental rights and
promoting social justice. This period saw landmark judgments
expanding the scope of constitutional rights and holding the
government accountable for its actions.

 Expansion of Legal Aid: The legal aid movement gained

momentum during this time, aiming to provide legal assistance
to marginalized and disadvantaged groups who lacked the
means to access justice. Efforts were made to extend legal aid
beyond traditional litigation to address broader social issues.

 Breakdown of Traditional Barriers: PIL challenged the

traditional notion of locus standi, which restricted the right to
approach the courts to aggrieved parties. The courts began to
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 accept petitions from individuals or groups acting in the public
interest, regardless of whether they were directly affected by the
matter at hand.

 Influence of Public Interest Litigation Abroad: While PIL

has its roots in Indian jurisprudence, it was also influenced by
similar legal concepts in other countries, particularly the United
States. The concept of "class action lawsuits" and other forms of
public interest litigation in jurisdictions like the U.S. provided a
model for PIL in India.

 Landmark Cases: Several landmark cases in the 1970s and

1980s helped establish the framework for PIL in India. For
example, in the case of Hussainara Khatoon v. State of Bihar
(1979), the Supreme Court of India recognised the right of
undertrial prisoners to a speedy trial, leading to the release of
thousands of prisoners who had been languishing in jails without
trial

 Role of Public Interest Advocates: Public interest advocates,

including lawyers, activists, and NGOs, played a crucial role in
promoting and shaping PIL in India. They identified social
issues, drafted petitions, and represented marginalised
communities in court, thereby catalysing legal reforms and
social change.
Overall, the origin of Public Interest Litigation in India can be
attributed to a combination of judicial activism, legal reforms, and the
efforts of public interest advocates to broaden access to justice and
address systemic injustices. Since its inception, PIL has become an
integral part of India's legal landscape, influencing jurisprudence and
contributing to the protection of fundamental rights and the promotion
of social justice.

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 CHAPTER-2

PURPOSE and IMPORTANCE OF PUBLIC

INTEREST LITIGATION

Public Interest Law (PIL) is a vital tool to enforce the human rights of
those people who do not have access to them due to poverty or other
reasons. It also helps judicially monitor state institutions like
protective homes, prisons, asylums, etc. PIL aims to facilitate
common people to access the courts to seek redress in legal matters. It
is a crucial tool for social change, accelerating the attainment of
justice and law and upholding the rule of law.

PIL has been critical in bringing about political and social change in
India and has been instrumental in exposing and addressing various
issues affecting the public. PIL has been used to protect the rights of
the marginalised, such as bonded labourers, slum dwellers and
prisoners and helped to improve their living conditions. It is used for
safeguarding group interests for which fundamental rights have been
provided.

The original goal of PILs was to make justice available to the

alienated and underprivileged. It aimed to make justice accessible to
everyone. Later on, the scope of PIL was expanded to implement the
legal obligation of the executive and legislature through judicial
review.

PILs guarantee judicial review of administrative actions through

increased public participation. PILs have commonly been used to
challenge the decisions of public authorities by the parameters of
judicial review, the lawfulness of a decision or action, or to review a
failure to act.

The chief objective behind PILs is ensuring justice for all and
promoting the welfare of the people. It is generally used to safeguard
group interests and not individual interests, for which Fundamental
6
Rights have been provided. PILs have become a potent tool for
enforcing the legal obligation of the executive and the legislature.

The concept of PILs has diluted the principle of locus standi, which
implies that only the person/party whose rights have been infringed
upon can file petitions.

PILs have played an important role in India’s polity. They have been
responsible for some landmark judgements in India such as the
banning of instant Triple Talaq, opening up the doors of the
Sabarimala and the Haji Ali shrines to women, legalised Consensual
Homosexual Relations, legalised passive Euthanasia, and so on.

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 CHAPTER-3

FILING PUBLIC INTEREST LITIGATION

Who can file public interest litigation?

All Indian citizens or organisations can file a public interest litigation
petition before the Supreme Court under Article 32 of the Constitution
of India or the High Courts under Article 226 of the Constitution of
India. However, the person or organisation filing the PIL petition
must prove to the court that the PIL is being filed for an issue
concerning public interest and that it will benefit the public at large.

Against whom should public interest litigation be

filed?
A PIL can only be filed against the Central Government, municipal
governments or the State Government and not against individuals.
The Parliament of India, each State's Legislature, and all local or other
authorities under the control of the government are included in the
definition of a government.
The definition of State is the same as given under Article 12 of the
Constitution, and this includes the Governmental Parliament of India
and the Government and the Legislature of each of the States and all
local or other authorities within the territory of India or under the
control of the Government of India. According to Art.12, the term
State includes the Government and Parliament of India, the
Government and the Legislatures of each of the States and all local or
other authorities within the territory of India or under the control of
the Government of India.
Thus the authorities and instrumentalities specified under Article 12
are:-
 The Government and Parliament of India
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  The Government and Legislature of each of the States
 All local authorities
 Other authorities within the territory of India or under the
Government of India.
However, a Private party can be included in the PIL as a Respondent,
after making the concerned state authority, a party. For example- if
there is a Private factory in Delhi, which is causing pollution, then
people living nearby, or any other person can file a PIL against the
Government of Delhi, Pollution Control Board, and against the
private factory. However, a PIL cannot be filed against the Private
party alone.

How to file a public interest litigation?

Below are the steps to file a PIL:
Step 1: The person filing the PIL (known as the petitioner) must
understand the issues concerning people at large by researching and
consulting all the individuals or groups related to the issue.

Step 2: The petitioner must collect all the necessary information and
documents as evidence to support the PIL petition.

Step 3: Draft the PIL petition containing the name of the court, name
and address of the petitioner and opposite party (respondent), the
article under which it is filed, facts of the case (facts and information
of the issue concerning public) and the relief sought from the court.

Step 4: Send a copy of the PIL petition to the respondent.

Step 5: File the PIL petition with the Supreme Court or High Court
along with the proof of sending the petition copy to all the

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respondents. If the petitioner files the PIL in the High Court, he/she
must submit two copies of the petition to the court and in the case of
the Supreme Court, the petitioner must submit five copies of the
petition to the court.

How much money is required to file a PIL in India?

The court fee for filing a PIL is Rs 50 per respondent. However, the
expense of arguing the case in front of the court depends on the
advocate the petitioner chooses.

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 CHAPTER-4

PUBLIC INTEREST LITIGATION

ADVANTAGES and DISADVANTAGES

Advantages of PIL:
 It ensures that public bodies are accountable by acting
reasonably within the limits of their powers and ensures they
make precise choices.
 It expands the scope of law by helping judges to understand
legislation and develop laws.
 It gives weak people a voice by emphasising a significant issue
and gives them a platform to advocate their rights.
 It helps raise awareness of critical public problems through
media coverage and debates.
 Since the court fees are nominal, citizens can file a PIL to seek a
reasonable solution for a public issue.
 It helps to focus attention on broader public issues in the areas
of consumer welfare, environment and human rights.

Disadvantages of PIL:
 Petitions without a significant public issue can waste the courts’
time.
 The Indian Judiciary is already burdened with a heavy caseload
due to pending cases, and PIL petitions may add to that burden.
 Sometimes, PIL may be abused by individuals pushing for
personal grievances instead of championing public causes, and
thus, public interest litigation may become private interest
litigation.
 The lack of effective implementation of court judgments is a
significant issue hindering successful PIL implementation.

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 CASE LAWS OF PUBLIC INTEREST
LITIGATION

Public Interest Litigation have been responsible for some landmark

judgements in India such as the banning of instant Triple Talaq,
opening up the doors of the Sabarimala and the Haji Ali shrines to

12
women, legalised Consensual Homosexual Relations, legalised
passive Euthanasia etc.

Public Interest Litigation (PIL) has resulted in numerous landmark

cases in India, shaping jurisprudence and leading to significant social
and legal reforms. Here are some notable PIL Case Laws:-

 Hussainara Khatoon v. State of Bihar (1979)

This case was the first reported instance of PIL in India, which
brought attention to the issue of the inhuman conditions of
prisoners and undertrial prisoners.

 Vishaka v. State of Rajasthan (1997)

This case is related to the issue of sexual harassment in the
workplace. As a result, the Vishaka Guidelines came into effect,
published in 1997, which provided employers with the definition of
sexual harassment, a list of preventative strategies, and information
on filing complaints of workplace sexual harassment.

 M.C. Mehta v. Union of India (1986)

This case is related to pollution in the Ganges basin. The judgment
criticised the local government for giving permission for untreated
sewage from Kanpur’s tanneries to enter the Ganges. Directions
were given to prevent the consequences of water and air pollution
on millions of people in the Ganga basin and emphasised the need
for sustainable development.

 Parmanand Katara v. Union of India (1989)

This case was filed to facilitate hospitals in handling emergency
accident cases without concern for pending police investigations.
The judgment made it obligatory for a hospital or doctor, public
13
and private, to provide immediate medical aid to a road accident
victim.

 Bandhua Mukti Morcha v. Union of India (1984)

In this case, the Supreme Court addressed the issue of bonded
labour in India. The court issued guidelines to identify and
rehabilitate bonded labourers, emphasising the protection of their
fundamental rights and human dignity.

 Olga Tellis v. Bombay Municipal Corporation (1985)

This case addressed the issue of the eviction of pavement dwellers
in Mumbai. The Supreme Court held that the right to life under
Article 21 includes the right to livelihood, and eviction without
providing alternative arrangements violates this right. The court
issued guidelines to protect the rights of slum dwellers facing
eviction.

 PUCL v. Union of India (1997)

In this case, the Supreme Court addressed the issue of custodial
violence and torture. The court issued guidelines to prevent
custodial violence, protect the rights of detainees, and ensure
accountability of law enforcement agencies.

 Narmada Bachao Andolan v. Union of India (2000)

This case dealt with the construction of the Sardar Sarovar Dam on
the Narmada River and its impact on the environment and
displaced communities. The Supreme Court imposed various
conditions and guidelines for the construction of the dam to
mitigate environmental and social concerns.
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These cases represent just a few examples of the impact of PIL in
India. Public Interest Litigation has been instrumental in addressing
a wide range of issues, including environmental protection, human
rights, social justice, and governance, contributing significantly to
the development of Indian jurisprudence and the protection of
fundamental rights.

REFERENCES

• https://www.legalserviceindia.com/article/l273-
PublicInterest-Litigation.html
• https://lawbhoomi.com/
• https://legalaffairs.gov.in/sites/default/files/AS93.pdf

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 CONCLUSION
In conclusion, the study of Public Interest Litigation (PIL) case law
illuminates the transformative power of legal activism in addressing
societal injustices, promoting accountability, and safeguarding
fundamental rights. Through landmark judgments and progressive
interventions, PIL has emerged as a potent instrument for advancing
the public interest and effecting positive change in India's legal
landscape.

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PIL cases have touched upon diverse issues spanning environmental
protection, human rights, social welfare, and governance. From the
landmark Hussainara Khatoon case, which highlighted the plight of
under-trial prisoners, to the Vishaka judgment, which established
guidelines to combat workplace sexual harassment, PIL has
consistently addressed pressing social concerns to uphold
constitutional values and principles.

Furthermore, PIL has played a pivotal role in challenging systemic

injustices and fostering accountability. Cases such as Bandhua Mukti
Morcha v. Union of India have led to the eradication of bonded labor
and the protection of vulnerable communities, while others like M.C.
Mehta v. Union of India have catalyzed environmental reforms and
promoted sustainable development practices.

Moreover, PIL has facilitated greater citizen engagement in the

judicial process by relaxing traditional barriers to litigation and
enabling individuals and organizations to advocate for the public
interest. By recognizing the standing of public interest litigants and
embracing innovative procedural mechanisms, courts have expanded
access to justice and empowered marginalized communities to assert
their rights.
However, PIL is not without its challenges and criticisms. Concerns
have been raised regarding the potential for abuse, delays in
adjudication, and the judicialization of policy issues. Additionally, the
effectiveness of PIL in addressing structural inequalities and ensuring
lasting social change remains a subject of debate.

Nevertheless, the legacy of PIL in India remains indelible, serving as

a testament to the judiciary's commitment to justice, equality, and the
rule of law. As PIL continues to evolve and adapt to emerging socio-
legal challenges, its significance as a catalyst for progressive reform

17
and social transformation is likely to endure, shaping the contours of
India's legal landscape for generations to come.

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