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Public Interest Litigation

April 18, 2025

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This article was written by Meera Patel and has been further updated by Shafaq Gupta. The article throws light on various aspects of public interest litigation in India. We first discuss its meaning and then talk about the origin of Public Interest Litigation and its evolution through the judgments of various courts. It also lists the various features and their impact as a whole on the social justice mechanism. The article also discusses the abuse of public interest litigation and remedies thereof.

Table of Contents

Introduction

Were you aware of your rights and duties at the time India gained Independence? Absolutely not because, at that time, our constituent assembly began drafting the Constitution of India. On the 26th of November, 1949, we adopted our Constitution that granted Fundamental Rights and Directive Principles of State Policy to the citizens for their welfare. But was everyone able to access justice in case of violation of the rights provided by the Constitution? Did everyone have the resources to knock on the door of the court to do so?

Certainly, not. It is because India used to follow the traditional adversarial system, which consists of two conflicting parties. No other third party was allowed to interfere in the proceedings. With time, this practice became inefficient as resources were not available to everyone to file a case and get relief. Many were not able to understand the tough legal procedures. Does this mean that they have no right to seek justice?

In response to it, Public Interest Litigation (hereinafter referred to as ‘PIL’) emerged as a remedy to turn the promises made by our Constitution into reality. Therefore, in the early eighties, a conscious attempt was made to slowly transform the judicial system in our country. PIL was meant to protect the larger public interests in which any person or organisation could file a petition with bona fide intentions.

To understand more about this topic, let us first discuss the meaning of public interest litigation. After that, we will deal with the various nuances related to it in detail.

What is meant by public interest litigation

Interestingly, we do not find any statutory definition for PIL in our laws. Generally speaking, the main aim behind introducing PIL was to make justice accessible to all the people living in the country. Even the Constitution of India aims to provide social, economic and political justice to all its citizens,, and these ideas are contained in the preamble itself.

So, should we not regard the will of our constitution makers? Shouldn’t justice be made effortlessly available? What are your views and opinions on the same?

In layman’s language, public interest litigation is a type of petition that is filed by a person with bona fide intentions to avail justice for a group of people who cannot file the case themselves. It involves the legal rights of those groups of people who have been violated by the government,, and public-spirited individuals wish to help them.

When we look at the term ‘public interest litigation’, we come to know that it consists of two phrases – ‘public interest’ and ‘litigation’. For better understanding, let us study their individual meanings first.

Meaning of public interest

In the fourth edition of Stroud’s Judicial Dictionary, public interest has been defined as the legal or financial interest of a large group of people. However, it does not refer to something amusing or fascinating.
We can find a very similar definition of public interest in Black’s Law Dictionary. When a pecuniary or a legal interest affects a large number of people, it is called public interest.

Meaning of litigation

When two opposing parties go to court to solve their matter judicially, it is called litigation. Both sides present their set of arguments and evidence. Based on them,, the judge applies his mind judicially and pronounces the judgment.

So,, what do we understand by the term public interest litigation?

A PIL (for more information, click here) is a petition filed by any individual or an organisation that works in the public interest to make justice accessible to every person for the violation of their rights. Most importantly, it doesn’t concern itself with the personal or political interest of the petitioner himself. It should involve the violation of the legal rights of a large section of society.

What is the objective behind filing a PIL??

Why do we need to file a PIL? What is the main aim behind it? Has it proved to be an effective tool in achieving our aims? You will get to know about it as you proceed further. First of all, let me tell you about the objectives behind it:

The main objective is to improve the accessibility of justice even to the lower rungs of society who lack the resources to enforce their legal rights in case of violation by the government or any other authority managed by the government.
The government can be held accountable for ignoring or neglecting public issues, for engaging in corrupt practices, and for failing to implement the laws as framed by the legislature.
We also aim to create a deterrent effect such that there are no future human rights violations of the same kind. For once, the lawbreaker would think about the legal consequences of his actions.
To have judicial oversight over grave human rights violations so that the judges can initiate suo-moto (on their own) proceedings against them. The court also has the power to review its own decisions for the betterment of society.
To preserve the law while balancing the needs of society. We need to find a middle path where the law is followed and the aggrieved people also get the relief claimed.

These are the main objectives behind filing public interest petitions. It has a very wide scope. Therefore, let us find out what types of issues can or cannot be covered under it.

Types of issues covered by public interest litigation

Listed below are a few types of issues that are entertained by the courts under the PIL :

Neglected children;
Unpaid minimum wages;
Exploitation of workers;
Atrocities on humanity;
Environmental pollution and related issues;
Debt slavery;
Bonded labour;
Custodial deaths;
Women-related issues.

Types of issues not covered by public interest litigation

There are a few types of issues for which a PIL cannot be filed in the court, as they don’t involve public interest. They are personal matters related only to the parties to the suit. They are as follows:

Tenancy matters between a landlord and a tenant.
Matters related to admissions in educational institutions between the student and the institution.
Issues related to providing maintenance to the wife and children between the husband and the wife;
Plea filed for an early hearing of their case as it involves personal gain only.
Matters related to pension and gratuity between the aggrieved person and the concerned authority.

As you will further read in the article, these issues will become clearer to you once you read the case laws. PIL has a very wide scope, which cannot be limited here. But how did it originate and develop over the years? Let us have a look at it.

How did the concept of PIL originate

Did the concept of PIL originate in India, or did we borrow it from some other nation? No, the concept of PIL did not come from India. It started in the United States of America,, and over a period of time, India was influenced by it. Now, even India cherishes it as a way to make justice more accessible to its citizens. Let us first talk about the emergence of PIL in the USA.

USA

The term ‘Public Interest Litigation’ has been consciously borrowed from the American Jurisprudence. Mr. Larl Gideon was the first petitioner whose letter to the Supreme Court of the USA was treated as a PIL in the case of Gideon vs. Wainwright (1963). The facts of the case were that the petitioner was very poor,, and he requested the state to appoint a legal counsel for him to fight the case. This matter was heard by a nine- judge bench as it was an important case to determine the rights of petitioners.

The honourable court delivered the judgement in favour of Mr. Gideon, as even the indigent and poor people have the fundamental right to free legal aid. It cannot be denied by the State by giving an excuse for the inefficiency of the petitioner to afford the litigation costs. This case even led to the formation of the first legal aid office in New York.

In the above case, we saw that the procedural rules were relaxed by the court to increase the accessibility of justice. But who was the protagonist behind such an innovative concept? What were his views on the same? Abram Chayes, an American professor, coined this term, and in his opinion, it was a way to bring about social change in a legal manner. The marginalised sections of society were given a voice through the system of PIL, and they could fight for their rights. All of them must have a common legal interest for which they wish to fight.

Not only the poor people but also the people with the bare minimum resources to substantiate their litigation costs were involved. Over a period of time, the foundation of PIL got stronger day by day. It started to evolve with the changing needs. As we have looked at the origin of PIL in the USA, now let us talk about its origin in India.

India

The concept of PIL in India was somehow born with the adoption of the Constitution itself on 26th November 1949. The first thing we read on opening the Constitution of India is the Preamble. It aims to establish India as a ‘sovereign, socialist, secular, democratic, republic’ country. Moving further, we read about Part III and Part IV of our Constitution, which are extremely important. They contain the Fundamental Rights and the Directive Principles of State Policy (DPSP), respectively.

Suppose that your Fundamental Right was violated. Do you have any remedy for it? Yes, the aggrieved person can directly approach the Supreme Court under Article 32 and the High Courts under Article 226. Through these two articles, an attempt is made to make justice accessible to every citizen. We Indians believe that justice delayed is justice denied. So, justice must prevail all over the country.

One of the drawbacks that we face is the non-enforceability of the DPSPS. Our Constitution casts a duty upon the government to inculcate them while drafting any legislation for the welfare of the public. All these concepts lay down the basic foundation for the evolution of PIL in India.

Various judgments of the Supreme Court of India paved the way for PIL. The case of Kesavananda Bharati Sripadagalvaru vs. State Of Kerala And Anr (1973) gave the basic structure doctrine for protecting the rights fundamental to every human being, the case of Additional District Magistrate, Jabalpur vs. Shivkant Shukla (1976) which protected fundamental rights in case of emergency, the case of Maneka Gandhi vs. Union of India (1978) provided the golden triangle concept of Article 14, Article 19 and Article 21 of the Constitution of India.

Justice P.N. Bhagwati and Justice Krishna Iyer made outstanding efforts throughout the 1970s to 1980s to make justice accessible to all. Both of them supported the idea of free legal aid. They did not wait for opportunities but created them to bring a transformation in the judicial system of India. They looked up to the needs of the disadvantaged, impoverished and indigent people who also have the right to seek justice. Many of the cases that we will study in this article were heard by them.

Now things get somewhat more interesting. Suo-moto cognisance of the cases was taken to promote it on a large scale. The very first landmark case in this regard is Mumbai Kamgar Sabha, Bombay vs. M/S Abdulbhai Faizullabhai & Ors (1976), which was heard by Justice Krishna Iyer.

The facts of the case were that the respondents owned a company that employed several labourers. Unfortunately, in 1965, it stopped paying bonuses to its employees, against which a petition was filed by the labour union of Mumbai Kamgar Sabha. Though the term PIL was not specifically used in this case, it had set the foundation for it.

It was observed by Justice Krishna Iyer that the petition filed by the labour union was maintainable as it involved the legal interests of a large section of weak people. Those people could not file the case themselves due to various technicalities involved in the process, and justice cannot be denied to them on this basis only. Consequently, the rule of locus standi, i.e. the right to appear before the court, was relaxed in this case, and the union represented all the aggrieved persons.

This was how the concept of PIL was rolled out in India. Over a period of time, its scope expanded due to various factors. So, let us see what led to the growth of PIL in India.

Growth of PIL in India

PIL has proved itself to be an efficient tool to enhance the judicial system of India. Through PIL, many significant policy reforms have been made in various fields. It liberalised the rule of locus standi and made justice accessible for all. There were many factors that catalysed the growth of PIL in India. They are explained below:

Factors that contributed to the growth of public interest litigation

Nature of the Constitution of India

India has a written constitution, unlike many other countries such as Britain. As per the Constitution of India, Part III and Part IV, which are Fundamental Rights and Directive Principles respectively of India, lay down a framework of regulating the relationship between the state and its citizens.

Progressive social litigation

The Constitution of India provides for the most progressive social legislation, despite being one of the developing nations of the world. Issues like bonded labour (debt slavery), exploitation of workers, land ceilings, etc, are the main burning issues that are addressed by the PIL in India. The neglected and poor people, who are often overlooked by the executive, get a voice through PIL. Their issues are heard and acted upon by the courts to provide them relief.

Locus standi

‘Locus standi’ is a Latin term that translates to ‘right to stand’. This term denotes that only the aggrieved parties have the right to stand before the court and present their arguments. No third party can be allowed to appear before the court. But this strict requirement has been relaxed in the case of PIL, and since then, it has become a major factor in its growth.

Now it is not necessary that only the aggrieved parties can approach the court. A public-spirited individual who represents the legal interests of a large section of society can file a PIL in the court. Sometimes, a situation may occur where a grave injustice is being done to people, and it comes to the notice of the court. In such cases, judges have the authority to initiate suo moto proceedings against the people who break the law.

Judicial assistance

What does Part IV of the Constitution of India contain? It contains our social and economic rights, but these are not enforceable in court. So, how do we protect our social and economic rights with the help of PIL? Here, our judiciary assists by listing just rights under the purview of Fundamental Rights contained under Part III of our Constitution. For instance, Article 21 provides for the ‘right to life’ and by way of PIL, other rights such as the right to free legal aid, live with dignity, education, work, freedom from torture, etc, are inculcated under its ambit only.

Our judicial system also assists by way of setting up commissions when there is a lack of enough evidence in the case. The main duty of these commissions is to carry out in-depth research about the issue and prepare all the necessary documents that can serve as evidence. In this way, the judiciary helps the petitioner to safeguard their public interest.

Through all the factors that we studied above, PIL has become an innovative tool that is growing exponentially. It is a way by which ordinary people like us get a chance to showcase our opinions about the public policies of the government. This revolution was triggered by the need to expand the scope of fundamental rights, and it has been achieved so far. To learn more about it, let us discuss the salient features of PIL in detail.

What are the salient features of PIL?

Till now, you all must have got a basic idea about the salient features of PIL. If not, then let us study them. They have enormously affected the social and legal landscape of India, which has been truly transformative.

Non-adversarial nature

Public Interest Litigation is non-adversarial in nature, which means that the parties to the case resolve the dispute through collective efforts. Unlike adversarial systems of justice, they cooperate with each other to find a solution. In earlier times, two contending parties were in direct conflict with each other. But as we saw, not everyone is capable of instituting a suit. Therefore, there was a need to transform the system so that no social or economic discrimination was being done among the victims.

Why did we shift to this non-adversarial system of justice? How does it serve our purpose of expanding the scope of justice? You will get these answers by reading the observation made by the Supreme Court of India in the case of People’s Union for Democratic Rights vs. Union of India & Others (1982).

In the above case, the court observed that filing a PIL is a kind of collective action by the petitioner, the state, and the court to meet the ends of justice. It focuses on defending larger public interests by giving a voice to the unrepresented people. Therefore, we must give priority to genuine PILS to safeguard the legal or constitutional rights of the weaker sections of society. This judgment very much sums up the non-adversarial nature of public interest litigations.

Liberalisation of the rule of locus standi

Have you ever heard about the term ‘locus standi’? It is a Latin maxim that means that only the aggrieved parties have the right to appear before a court of law to seek the relief claimed. One of the parties must have suffered damages due to the other party, and hence, he is filing a suit. But this is not the case with PIL.

The rule of locus standi has been diluted and liberalised for PILS. Now, even a single individual or non-profit organisation can represent a large number of people whose legal rights have been violated. Isn’t it fascinating enough? The people who could not afford the cost of litigation, were poor, exploited and ignored by the government authorities, finally got a chance to claim their human rights. It also has various benefits, like the prevention of multiple lawsuits and decreasing the burden on the judiciary.

Even Justice Krishna Iyer focused upon the liberalisation of this rule in the case of Fertiliser Corporation Kamgar Union vs. Union of India And Others (1980). According to his views, “Public interest litigation is part of the process to participate in justice and ‘standing’ in civil litigation of that pattern must have liberal reception at the judicial door-steps.” It is a nice way to hold the government more accountable to people for the wrongs done by the administration.

Epistolary jurisdiction

‘Epistolary jurisdiction’ refers to the jurisdiction of the court which can be invoked by written letters, postcards or even via telegram. It liberalises the rule of locus standi and makes justice accessible to all. It is just a simple procedure to obtain redressal for the grievances. You all must know that not every letter or text can be treated as a PIL. The court needs to scrutinise all the applications and decide based on the facts and circumstances of each one of them.

Let me provide you with some important case laws in which the principle of epistolary jurisdiction was upheld by the Supreme Court of India. Justice P.N. Bhagwati observed in the case of S.P. Gupta vs. Union of India (1981) that even pro bono letters or applications can be treated as PIL. This is what we should do as the present time demands, so and by this way justice won’t be denied to the needy.

I can quote one more case of the Supreme Court of India in which cognisance was taken by the court by acting upon a letter written by the petitioner. The name of this case is Ashray Adhikar Abhiyan vs. Union of India & Ors (2002). It was mainly related to the non-decent burial of homeless people, which was neglected by the local authorities, as even the dead people have the right to a decent burial after their death.

Appointment of commissions

Not every PIL filed in a court is researched properly and may have various lacunas. To fill this blank part, the Supreme Court and the High Court can set up commissions under Article 32 and Article 226 of the Constitution, respectively. Even the Commissions of Inquiry Act, 1952, provides authority to the appropriate government to appoint commissions in cases related to public interest.

What functions are performed by these commissions? The primary duty of these commissions is to carry out fact-finding research, investigate the matter, collect evidence and prepare non-biased documents to be presented before the court delivers the judgment. But in what circumstances do we need to appoint such commissions? I am providing some scenarios related to it:

When there is a need to carry out a detailed investigation to solve the matter, the commissions are appointed. It is because the judges do not have this much time to investigate each and every case. Their duty is limited to enforcing the law and providing justice. Moreover, some issues may require technical expertise.
The need may arise to carry out on-site inspections so that the court can get first-hand and unaltered reports from the affected areas. Now, the judges themselves won’t leave the court to go to the site and see everything themselves. It is practically not possible.
An independent commission may also be set up if the court is satisfied that the government reports presented to them are either insufficient to solve the case or present biased opinions.

Through the help of these commissions, even the complex public interest cases can be solved in the best possible way. Let me give you an example to substantiate this statement. For example, two advocates were appointed by the court in the case of Sunil Batra vs. Delhi Administration (1979) to investigate the conditions of prisoners in Tihar Jail, Delhi. They had put in serious efforts by meeting the prisoners, talking to them and other witnesses as well, going through necessary documents and preparing a report of the same. Their report was accepted by the Supreme Court of India.

In this way, the commissions help the courts to deliver justice beyond their expertise by acting for them. Now, let us find out who and against whom a PIL can be filed.

Who can file a public interest litigation?

A very basic question that would arise in the mind of every reader would be who can file a PIL, and against whom it can be filed. Let us discuss it one by one.

For any person to file a PIL, they must fulfil some basic criteria:

It must be a public-spirited individual/aggrieved person/social action group.
They must have bona fide intentions.
There must be a violation of the legal rights of a large section of society.
These legal rights must be represented by the petitioner in the interest of the public and not as a means to support his own political or personal interests.
As there is no defined way to file a PIL, it can be in the form of a petition, a letter, a telegram text or by any other written means. It is the discretion of the court to entertain or reject it.

Through these pointers, we have understood who can file a PIL. But which piece of legislation allows them to file a PIL? Under what provisions can they do so? This right is given by the Constitution of India under Article 32 (for the Supreme Court) and under Article 226 (for High Courts). Another major question in front of us is against whom we can file a PIL. From whom do we ask to protect and enforce our legal rights? Let’s read more about it.

Against whom a PIL can be filed

Against whom can we file a PIL to safeguard our collective legal interests? Can it be filed only against the government or against private entities, too? If against the private entities, too, then under what circumstances? Let us deal with these questions below.

No, a PIL cannot be filed against a private individual as it is not a tool to adjudicate personal grievances. Neither can it be filed against a private body unless and until it is performing some public function. For example, a private school denies the ‘right to free education ‘ for children below 14 years of age. Here, a PIL can be filed against that school, but the concerned government must be joined as a party to the suit.

A PIL can only be filed against the ‘State’, which has been dealt with under Article 12 of the Constitution of India. Article 12 tells us about what all authorities can be termed as ‘State’, and they are as follows:

The Government and Parliament of India, which means the Union government.
The Government and Legislature of each of the States, which means the state governments.
The local authorities, such as municipalities or village panchayats.
Other authorities that are located within the territory of India or work under the Government of India.

Essentials for drafting a PIL

The various essentials of drafting a PIL are listed below:

All the pertinent information related to the subject matter of the PIL must be collected. It must be gathered from a valid and reasonable source.
All the collateral documents that may be needed to prove the case must be gathered, such as photographs, maps, sketches, etc.
The petitioner needs to ponder the question of the jurisdiction of courts. For example, if I go and file a case in the Delhi High Court, then the court must have jurisdiction to try that matter.
The petitioner must decide through which forum he wants to file a PIL. It may be via letter, postcard, telegram or any other available method.
The petitioner must look after the guidelines provided by the respective courts for filing a PIL. They are usually available on their respective websites.

The procedure for filing a PIL

Being a fresh law graduate or an experienced advocate, have you ever filed a PIL in a court? What procedure did you follow? What are all the necessary things to be kept in mind? Let me answer these for your better understanding.

No specific style or manner has been prescribed for filing a PIL. But a well-drafted PIL stands a better chance of getting the desired outcome. Let us have a stepwise view of the procedure for filing a PIL:

First of all, the petitioner must ensure that the subject matter of the PIL is a social issue affecting public interests.
All the relevant evidence must be collected in advance to substantiate his claim. It may be case laws, law commission reports, any empirical research data, etc.
Then the PIL must be drafted in a proper language.
It must state all the following details precisely :

Petitioner’s name, postal address, email address, phone number, occupation, annual income and PAN number;
Proof of identity of the Petitioner must be annexed.
Facts of the case;
Nature of the injury;
Any personal interest that he/she/it may have;
Details of any litigation involving the petitioner that could have a legal nexus with the issue involved in the PIL;
The class of persons for whose benefit the PIL is being filed, and how they are incapable of accessing the courts themselves;
If any representations have been made to any authorities regarding the issue, the details of the same;
Any person/body/institution that may be affected by the PIL must be joined as a party;
The petitioner must also state that they are able to pay costs, if any, that may be imposed by the court.

After drafting the PIL, it must be filed either under Article 32 or Article 226 of the Constitution of India.
Whenever you file a PIL, we need to give the supporting documents to substantiate our claim.
The court fees for the petition filed also need to be given to the court.
Then the judges of the court apply their judicial minds and hear the case.
The court will look into all the evidence and give its judgment.
It is the right of every petitioner to raise any objections that he may have and support them by evidence.

Do we need to reform the PIL filing mechanisms?

After reviewing the step-by-step guide, do you feel the need to reform the PIL filing mechanisms in court? Is everything clear and defined, or are there still grey areas left?

According to me, a few changes should be made to make the process more comprehensive, and they are as follows:

There is a need to constitute a preliminary screening committee. The main work of the committee will involve screening the PILS at an early stage to check their authenticity. They will be entertained only if they are genuine. Otherwise, they will get rejected outright.
As we studied above, no specific manner or style has been given for filing a PIL. This creates ambiguity as everyone will draft it according to their own convenience. To bring uniformity in the system, it is very necessary to lay down a proper format and guidelines for PIL drafting.
Some people have even made PIL a manipulative tool as they use it to satisfy their personal or political interests. The courts must be vigilant about such activities, and heavy penalties must be imposed on frivolous PILS.
Some cases filed as PILS continue for long years and lose their essence. So, an online monitoring system must be laid down with the help of technology to track the live status of the PIL filed. Even periodic reports must be published that reflect the impact of various PILS.

Landmark cases in the development of PIL in India

Being a law student, have you read about any of the cases that helped in the development of PIL in India? You all must have read about this topic in one of your semesters, and I did so. So, here I am going to discuss a few landmark cases through which the concept of PIL was materialised. They are as follows:

Mumbai Kamgar Sabha, Bombay vs. Abdulbhai Faizullabhai & Ors (1976)

The very first case in which the basic concept related to PIL was introduced in India is that of Mumbai Kamgar Sabha, Bombay vs. Abdulbhai Faizullabhai & Ors (1976). You may read more about it in the article above, as it has already been discussed.

Hussainara Khatoon & Ors vs. Home Secretary, State of Bihar, Patna (1979)

Almost all of you must have read about the case of Hussainara Khatoon & Ors vs. Home Secretary, State of Bihar, Patna (1979). So, let’s recall it. This was the case where undertrial prisoners were kept in barbaric conditions. They were not released for many years due to the delay in conducting their trial. Some of the prisoners even exceeded the maximum limit of their punishment period. By the judgment of the Supreme Court, around 40,000 prisoners were released from jail.

S.P. Gupta vs. President Of India And Ors. (1981).

India saw a new judicial system after the PIL movement took place, which was initiated and instigated by Justice P.N. Bhagwati while he was fighting the case of S.P. Gupta vs. President of India And Ors. (1981).

As per this case, it was specified that any person affiliated with the social/ public group acting bonafide has the right to invoke a ‘writ jurisdiction’ of the high courts that too under Article 226 or if they want to invoke a ‘writ jurisdiction’ of the Supreme Court, then they can invoke their rights under Article 32. By these provisions, individuals can seek redress against any kind of violation or abuse of the rights of a person, whether they are legal or constitutional.

Under this judgment, PILS became a hugely formidable and influential weapon that can be used to enforce public duties. As a result, a citizen of India, for that matter, got the opportunity to approach the apex court themselves where they can seek legal remedies in cases where the interest of the general public is on the stand. Although with everything, Justice Bhagwati rooted the concept of PILS so deeply in our country that he insisted that the court become cautious when it comes to procedural technicalities.

M.C. Mehta vs. Union of India (2020)

Ever heard about Mr. M.C. Mehta? If not, I bet you never studied law at your university. He is the most celebrated environmental law activist from India who single-handedly won many cases in his niche. Let us discuss one of his cases, which focused on the pathetic condition of the river Ganga due to pollution. The case is named as M.C. Mehta vs. Union of India (2020).

The untreated sewage effluents, domestic and industrial waste, were directly released into the Ganga. Its riverbanks became an open dumping area, which was harmful to nearby people. Looking into these issues, the Supreme Court ordered the tanneries to be relocated, and municipal councils were directed to monitor such environmental degradation activities.

From all these judgments, you can make out that PIL became an important tool for social justice, and there is no going back. It even affects various spheres of our lives, which often go unnoticed by us. So, let’s discuss them further in the article.

How PIL has affected various spheres of our lives

As we are clear about the meaning of PIL from our earlier discussion, it serves as a voice for the voiceless people. It affects our day-to-day life in numerous ways, about which we aren’t aware. It touches upon every sphere of our life, and let’s break it down as follows:

On human rights

Human rights are the rights that every individual gets as soon as he is born. These are natural rights which cannot be denied to anyone and are important to build a welfare society. Let us have a look at some cases where, by way of PIL, people were able to claim their human rights that were being violated earlier:

Bandhua Mukti Morcha vs. Union of India (1983)

Let’s have a look at the case of Bandhua Mukti Morcha vs. Union of India (1983), where a letter written to Justice PN Bhagwati was treated as a writ petition under Article 32 of the Constitution. It highlighted the pathetic and unhygienic working conditions of stone quarries in Faridabad. You can’t imagine that even after independence, workers were treated as bonded labourers, which was violative of their human right to life.

After looking at the seriousness of the case, the Supreme Court ordered the release of all the bonded labourers. The Haryana government was ordered to give effect to the provisions of the Bonded Labour Act,1976, and the Minimum Wages Act, 1948.

Delhi Domestic Working Women’s Forum vs. Union of India And Others (1995)

Let’s discuss the case of Delhi Domestic Working Women’s Forum vs. Union of India and Others (1995), which will shake you to the very core. Unfortunately, a group of six females was travelling by train. They were raped by eight army personnel which is itself a very critical situation as we look up to them for safety. When they complained about this incident, no authorities were ready to listen to them. Now what to do?

This matter went to the Supreme Court by way of a PIL. After hearing the matter at length, the court granted compensation to the rape victims. The court also made arrangements for their rehabilitation.

Vishaka & Ors vs. State of Rajasthan & Ors (1997)

Child marriages are banned in India, right? Everyone knows about it, but people don’t adhere to it. In one such case of Vishaka & Ors vs. State of Rajasthan & Ors (1997), Bhanwari Devi used to work in an NGO to curb the menace of child marriages. A minor Gujjar girl was getting married, and she tried to stop it. She had to bear the brutal consequences of it as she got gang raped in front of her husband.

Even after such a horrifying incident had happened, the police caused considerable delay in recording the FIR. The matter was finally heard by the Supreme Court, where the accused were held liable. Clear and precise guidelines were framed for protecting women from sexual harassment in the workplace. Accordingly, employers were held responsible for such happenings at their workplace, as all women have the right to work with dignity.

On social justice

Murli S. Deora vs. UOI (2001)

I have witnessed a lot of Gen-Z kids smoking and vaping nowadays as they consider it to be cool. While some others who don’t smoke are exposed to passive smoking, which is equally harmful. This issue of passive smoking and the related health hazards was brought before the Supreme Court in the case of Murli S. Deora vs. Union of India (2001).

The Court in its judgement applied a ban on smoking at public places such as auditoriums, hospital buildings, health institutions, educational institutions, libraries, court buildings, public offices and public conveyances. Some regulatory mechanisms were also laid down to contain the spread of smoking by issuing warning signs on cigarette packets.

Sheela Barse vs. UOI (1986)

As a law student, have you had a chance to visit a prison? If not, you must go there to watch the pathetic conditions in which prisoners are kept, and even some of their human rights are being violated. The landmark case of Sheela Barse & Ors vs. Union Of India & Ors (1986) highlighted the sexual harassment borne by female prisoners. They were not even safe in prisons.

Looking at the bad regulatory framework of prisons, the Supreme Court ordered the authorities to build separate women’s prisons, which are at a considerable distance from those of men. It also observed that the women prisoners have the fundamental right to a decent living and protection from physical, mental or sexual harassment.

On environmental protection

Vellore Citizens Welfare Forum vs UOI (1996)

Untreated effluents from the tanneries in the Vellore district of Tamil Nadu were discharged into the rivers, which polluted the nearby environment. It has lethal health consequences for humans as well as animals. This issue was brought before the Supreme Court in the case of Vellore Citizens Welfare Forum vs Union Of India & Ors (1996).

The court pronounced the judgement in favour of Vellore Citizens Welfare Forum and held the tanneries liable to pay compensation. This judgement was based on an international environmental law principle known as the polluter pays principle. It meant that whoever pollutes the environment must pay for its recovery.

Narmada Bachao Andolan vs UOI ( 2000)

Do you know when the Sardar Sarovar Dam was built over the Narmada River? What legal challenges were faced by the authorities due to this project? Some people argued that building the dam would cause large-scale displacement of people with no alternative rehabilitation facilities. Moreover, it was said that it would degrade the environment. These issues were brought before the Supreme Court in the case of Narmada Bachao Andolan vs. Union of India And Others (2000).

The court pronounced the judgment in favour of the government and allowed them to construct the dam. The court opined that there must be a fair balance between economic growth and environmental protection. Such national projects cannot be put to a halt as they help to grow our economy nationally.

By studying these various case laws, you must have gathered some knowledge about the impact of PIL on various spheres. Due to changing times, even non-governmental organisations and social activists impact on the growth of PIL in India. Let us all have a look at it.

Role of NGOS and social activists in filing PILS

In recent times, as we see today, even NGOS and social rights activists have played an important role by way of PILS. They make collective efforts by advocating for public interests, promoting accountability and advancing the cause of justice. Do you know about any such NGOS or social rights activists? What role did they play in democratising access to justice, and how did it impact your life?

You may share such insights with your peers or colleagues. Do you know why they can perform better? It is because they know the issue at the grassroots level, which is next to impossible for the courts to notice themselves. They conduct thorough and deep analytical research, prepare documents and advocate for public rights. Let us see some of them:

By advocating for the disadvantaged groups: Disadvantaged groups, such as bonded labourers, were exploited at a construction site during the Asian Games, which were held in Delhi. Now, an NGO named PUDR came to their rescue and understood what they were going through. So, in the case of People’s Union For Democratic Rights vs. Union Of India & Others (1982), the Supreme Court addressed this issue and held it to be violative of Article 21 of the Constitution. The right to life also includes the right to live with dignity.
As a protector of environmental rights: You all must have heard about M.C. Mehta, right? He is one of the most prominent environmental rights socialists who advocated for the protection of the Taj Trapezium in the case of M.C. Mehta vs. Union of India & Ors (1996). As a result, he became successful in proving the fact that air pollution was the main cause behind its decay, and the Supreme Court ruled in his favour.
As a guardian of fundamental rights: Even today, after so much development, lakhs of people die due to starvation. Don’t they have the right to food as part of their fundamental right? Should we leave them to die? These issues were addressed by the Supreme Court in the case of People’s Union of Civil Liberties vs. Union of India And Anr.(1996).

With utter dismay, I need to tell you that in 2001, about 40 metric tonnes of grains were found rotten in godowns of the Food Corporation of India. This was caused by the fermentation of rainwater. But, they could have used it to serve the starving people in nearby villages. So, it was held by the court that there must be better implementation of mid-day meal schemes. Even the fair-price shops must distribute grains at very reasonable prices, as the right to food is our fundamental right.

As a catalyst for legislative reforms: I am quite sure that you all must be aware about the Nirbhaya gang rape case of 2012. It struck at the inefficacy of our criminal laws related to sexual offences, and hence, the Criminal Law Amendment Act, 2013 was enacted later.

Even in the above discussions, we read about the case of Vishakha & Ors vs. State of Rajasthan & Ors. (1997). Under this case, legislation was enacted to prevent sexual harassment of women in the workplace. It was named as The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013.

By advocating for women’s and children’s rights: Though in our imagination, we may think that our society has become gender neutral, it isn’t true. Even today, women and children are more susceptible to crimes by way of trafficking and forced labour, among other evils. Therefore, NGOS and public activists play a major role by advocating for their rights.

By advocating for healthy living: Healthy living is very necessary to survive today as we are surrounded by a polluted environment, adulterated foods and drinks and sanitation issues. One such case of manual scavengers and sanitation workers came before the Supreme Court in the case of Akhil Bharatiya Soshit Karamchari vs. Union of India And Ors (1980).

They were just exploited by making them work in poor working conditions and low wages. The Court held such practices to be violative of Article 23 of the Constitution, as we have the right to dignity, and forced labour is prohibited.

From the above instances, you can see how beautifully the NGOS and the social activists are working for our betterment. We all must try to help them in every possible way. But do you all think that the media plays any role in highlighting the issues before them? Let us see it in the following discussion.

Does the media play an important role in PIL?

Media is indeed a part of our everyday lives, whether through newspapers, news channels or social media platforms. Are you all aware of the fact that the media is known as the fourth pillar of our democracy? Its importance cannot be denied in today’s world as it plays a major role in spreading awareness and forming opinions of people. It provides regular updates on PILS filed by various social activists and hence, develops a bridge between the people and their legal rights addressed through some representatives.

But the excess of everything is bad, right? So is the case with the media. It can effectively change the perception of people towards a particular issue, who then give their biased opinions based on that. The media tries to investigate the cases on its own and gives conclusions even before the final judgment is given by the court. Even people form the same opinions based on that, and as a result, it affects the fair trial practices of the court. This is how there is a clear breach of the doctrine of separation of powers, and it encroaches upon the judiciary’s role.

Though the media plays a major role in highlighting the issue involved in PILs, it is also very risky on the other hand. Let us see how the media impacts the PILS filed in the court of law:

- Highlights social issues through investigative journalism: The Media highlights the social issues that are often neglected and overlooked by the government. Based on their own research and data analytics, they bring issues such as corruption, environmental protection, and human rights of the disadvantaged groups to the public. These things even motivate individuals to go for collective action against the wrongs done to them.
- Creates awareness: Creating awareness is the very first role of the media. Why do we watch news channels or read newspapers? Just because the media keeps us aware of what is happening around the world in a simple and holistic way. We even form our opinions and viewpoints based on it.
- Amplifies the voices of the marginalised: There are a large number of marginalised groups that are short of resources to file a case. The media amplifies their voices in front of the general public and also the government. Then it becomes difficult for the government to ignore them, and those people also get a solution to their concerns.
- Promotes public debate: when any issue is highlighted by the media, people in every household talk about it and give their views and opinions. Even debates are held on news channels, which also impact the minds of other people. People can understand the broad implications of the issues on society and governance.

Bring transparency into the system: By sharing the insights directly from the courtrooms and live streaming of cases, the media brings transparency into the system. They strike at the legitimacy of the courts by holding judges accountable for their decisions.

- Acts as a catalyst: the media acts as a catalyst in the filing of many PILS. They provoke public-spirited individuals, non-governmental organisations or any other activists to file a PIL regarding the matter in issue. They engage the common public in larger social movements.

Democratises access to justice: Through the media, every person gets the right to seek justice for each of their human rights violated. They bring the injustices being done to the disadvantaged and vulnerable groups. Hence, democratises our right to avail justice from the court.

After reading all this, you may think that the media is doing extraordinarily good work. No doubt it does, but we need to see the other side of the coin as well. Sometimes the media tends to show only a sided view of the subject matter at hand and neglects the other side. This dual personality of the media highlights its biases and favouritism towards certain individuals or organisations, etc.

Therefore, you need to think critically about every matter before being influenced just by the media. After having read about this important aspect, let us now see how PIL as a tool of social justice is being abused nowadays.

Abuse and misuse of PIL in today’s world

Don’t you think that PIL is doing more harm than good? As far as I remember, it was a tool that was developed as a weapon for the powerless people. But the situation has changed a lot since then. Nowadays, it is very shocking to see that it has become a tool for powerful people instead of the weaker ones. Let’s have a look at it and explore how it all happened:

Misuse and exploitation: We cannot ignore the negative aspects of PIL at any cost. It has been misused and exploited extensively, due to which it has more drawbacks at present. For example, a PIL was rejected by the Supreme Court, which seeks to reclassify the caste system in India. The petitioner had an ulterior motive to phase out reservations, which would ultimately exploit lakhs of people.

Therefore, to avoid such cases of abuse of PIL, the Hon’ble Supreme Court itself laid down a detailed guideline that will be used to govern the management and disposal of PILS. They have even started to impose costs on such petitioners.

Filing of frivolous cases: This is another great issue before us. If something is expensive, does it mean that you have the right to exploit it? Many frivolous PILS are being filed even by law students. For example, a law student filed a PIL seeking to abolish male pronouns in the Constitution. Even Justice DY Chandrachud asked him to go and study law properly. Imagine what a shame it is for us to go and file such frivolous PILS.

Honestly speaking, the weapon which was once used for defence has become a tool to attack other people. It can be seen how various parties take advantage of lowering the standard of requirement of locus standi in such cases.

- As a way to gain private interests: The abuse of PIL has become so uncontrollable that its fundamental purpose has been lost amongst all the insincere cases which have been filed by privately motivated interests, which are silhouettes of the apparent public interest cases. For example, recently, a PIL was filed by an individual to make the festival of Karwa Chauth compulsory for all widows and even live-in partners. How nonsense is it? A token cost of 1000 Rs was imposed by the Punjab and Haryana High Court.

A fancy tool to gain publicity: All individuals are running for publicity as if they will get some hefty amount of money or something very good will happen. I don’t know where the mindset of people is going. For example, just to gain publicity, an individual challenged the oath taken by the Chief Justice of the Bombay High Court, named Justice Devendra Kumar Upadhyay. The issue before the court was that the Justice didn’t use the word ‘I’ before his oath. As a result, 5 lakh costs were imposed on him by the Supreme Court, claiming it to be a publicity stunt.

Loosening the ideal of locus standi: The process of completely weakening the foundational idea of locus standi is another such loose thread that is objectionable. It has revealed a large number of frivolous cases, which include the PILS filed to gain publicity or vindicate personal interest or political agendas.

Even the Supreme Court of India opined that the frivolous PILS must be nipped in the bud. This mushroom growth of PIL encroaches upon the valuable time of the judiciary and stalls other development activities. Many times, there is no public interest involved.

After seeing all this, we can say that not all the petitions can be treated as public interest litigations. The High Courts and Supreme Courts entertain only those petitions that demonstrate bona fide intentions.

What remedies can be sought to prevent abuse of PIL

Interestingly, PIL is a double-edged sword. It serves both as a boon and a bane. The abuse of this tool seriously undermines the credibility of the judiciary, and people lose their faith. So, how do we fix such a mess? I am providing some of the much-needed remedies below, which must be implemented as soon as possible. Let’s have a look at them:

Stricter scrutiny: Do all the PILS filed necessarily involve public interest? After studying about the abuses of it, I am very sure that you all know the answer. Therefore, there must be a strict scrutiny of all the PILS. Only genuine PILS that showcase the legitimate interest of the people must be allowed. All others are to be rejected outright!
Imposing costs and penalties: Financial penalties must be imposed upon plaintiffs whose PILS do not gather any substantial public interest. They are usually without any merit. So, do you believe in misusing the system? Then pay for the loss. Don’t crib about it later. Imposing such costs would encourage the petitioner to look into all the implications and consequences of it before filing.
Transparency regarding intentions: We generally presume that the petitioner has bona fide intentions. But is it true every time? How do we know their intentions behind it? The petitioner must be required to file a declaration of their interest in the matter.

Yes, you heard it right, because transparency holds accountability that no wrong is being done to any person. The court must check that the system is not abused in the name of personal gain, political funding, private interest, or oblique considerations.

Clear guidelines to be prescribed: This is much needed in today’s world, where no clear guidelines regarding the filing of PIL exist. The process is left to the whims and fancies of people. The judiciary must try to set uniform, precise and clear guidelines to prevent corrupt and manipulative practices.
Observing neutrality in high-profile cases: Have you ever seen a high-profile person struggling with the judiciary? They get immediate orders in their favour just due to the power of money. So, the judiciary must lay down checks and balances to ensure that the trust of the common people is not broken. Judges must observe non-biasedness and neutrality.
Fastrack the process of genuine PILS: How to make out which PILS are to be fast-tracked? The court must see if there is a real connection between the issue and the person who is filing the PIL. If he is genuinely interested and the matter is important, fast-track the process. The rest of them can be dealt with later.
Dealing with the mess of old cases: You will see many cases in the High Courts and the Supreme Court that are more than 15 to 20 years old. Am I right? What to do about them, as they are just increasing the backlog? Are they even relevant now?

To check the relevancy of old cases, they must be reviewed periodically by officials appointed by the court. It would play a major role in decreasing the burden on courts by reducing a large number of pending cases.

By suggesting these remedies, I am in no way saying to limit access to justice. Please don’t get me wrong, but we as citizens must behave responsibly. I do hope that these remedies will be helpful for the government as well as the petitioners.

Conclusion

We have learnt so many interesting facts about public interest litigation that I strongly believe that the journey of transformation of our judicial system is overwhelming. It gradually became a social justice tool, which became a voice for the marginalised sections of society. With the help of public-spirited individuals and non-profit organisations, they could even claim relief for the human rights violations suffered by them.

PIL has proved to be the guardian of our rights, as we saw in various cases in the article, and also paved the way for the formation of more inclusive legislations. The best efforts have been made by Justice Krishna Iyer and Justice P.N. Bhagwati to make justice accessible to everyone without any discrimination. The process has become so much easier with the liberalisation of the rule of locus standi and the enforcement of epistolary jurisdiction.

But you all must remember the famous saying,’ With great power comes great responsibility’. By studying the ways in which it is being abused and misused, it becomes the responsibility of the court to cull out frivolous and vexatious petitions by following the methods suggested in the article. Through such activities, enough checks and balances can be laid down, along with preserving law and justice.

In the end, I would like to say that PIL serves as a boon for the country, yet it should be used cautiously to prevent its misuse and further exploitation of other things due to that.

Frequently asked questions (FAQS)

What is the primary objective behind filing a public interest litigation?

The primary objective behind filing a PIL is to promote social justice, protect human rights and address issues that impact a large section of society, especially marginalised or vulnerable groups, such as environmental protection, bonded labour system, etc, through the help of a public-spirited individual or organisation.

What is the difference between public interest litigation and a normal lawsuit?

In a regular lawsuit, only the person who is directly interested in the matter has the locus standi before the court. But this rule has been relaxed in the case of PIL. Anyone can file a PIL for the collective good of the people’s interests.

Can we say that judicial overreach occurs through public interest litigations?

Casually speaking, the practice of PIL is an example of judicial activism. We can bring a socio-legal case before the court with its help. However, sometimes it may amount to judicial overreach by encroaching upon the functions of the legislature and executive. It is done when the court makes a policy regarding some matter in the case or frames guidelines that are not found at any place in any legislation.

References

https://www.ielrc.org/Content/a0003.pdf

https://www.bbau.ac.in/dept/HR/TM/LL.M.203%20Unit%205.Public%20Interest%20Litigation.ePathshala.pdf

https://www.manupatra.com/roundup/379/articles/public%20interest%20litigation.pdf

https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1492&context=ijgls

https://www.cmr.edu.in/school-of-legal-studies/journal/wp-content/uploads/2022/11/EPISTOLORY-CMR.pdf

https://www.njlrii.com/2021/05/public-interest-litigation-pil-and-its.html

https://articles.manupatra.com/article-details/Publicity-Interest-Litigation-in-the-21st-Century

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