Public Interest Litigation (PIL) is a judicial tool in India that allows any citizen or group to approach the courts for the protection of public interest even if they are not personally affected. It is primarily used to safeguard fundamental rights and ensure accountability of public authorities in matters affecting the community at large.
Meaning of PIL
Public Interest Litigation means litigation filed in a court of law not for personal gain but for the protection of public interest such as environmental protection, safety regulations, rights of disadvantaged groups, or oversight of state institutions.
Who Can File a PIL
- Any Indian citizen
- A group of citizens
- A non-governmental organization (NGO)
The petitioner need not be directly affected, but must show that the issue impacts the broader public.
PILs can be filed against government or public authorities, not against private individuals.
Constitutional Basis
- Article 32: Filing PILs in the Supreme Court for the enforcement of fundamental rights.
- Article 226: Filing PILs in High Courts for enforcement of fundamental rights as well as other legal rights.
Steps to File a PIL
- Understand the Issue: Identify and research a problem affecting the community.
- Collect Evidence: Gather reports, data, photos, or other supporting materials.
- Draft the Petition: Include petitioner’s details, respondent authorities, constitutional provisions, facts of the case, and remedies sought.
- Serve a Copy: Respondents must be given a copy before filing (for High Courts) or after notice (for Supreme Court).
- File the Petition:
- High Court: File two copies with proof of service.
- Supreme Court: File five copies; notice sent after permission.[1]
Importance of PIL
- Makes justice accessible to poor and marginalized sections.
- Promotes enforcement of human rights and accountability of public authorities.
- Democratizes access to justice by allowing citizens to act for those unable to represent themselves.
- Strengthens judicial review by overseeing functioning of prisons, shelters, and public projects.
- Has resulted in landmark judgments protecting environment, human rights, and social justice.
Costs and Representation
- Court fee is minimal, usually around Rs. 50 per respondent.
- A petitioner may appear in person, but legal representation by an experienced PIL lawyer is recommended.
Conclusion
PIL is a transformative mechanism that ensures social justice, enforces constitutional rights, and fosters legal reforms by holding state bodies accountable. However, courts caution against misuse for personal or political motives, as that undermines judicial resources. When used genuinely, PILs have historically brought about major reforms advancing democracy, equity, and the rule of law in India.
[1] https://en.wikipedia.org/wiki/Public_interest_litigation_in_India
