Public Interest Litigation

Legal Help Desk By- Keshav Choudhary
Public Interest Litigation
The undeveloped concept of Public Interest Litigation can be traced in
the system of “action-popularis” of Roman Law which allow the
common man of society to initiate an action in court of law for welfare
of public at large.
The system of Actio Popularis of Roman Law can be described as
Historical Basis of the present form of PIL.
Public Interest litigation is originated in India in 1980 by
V.K Krishna Iyyer and P.N Bhagwati is considered as pioneer of PIL in
India.
P.N Bhagwati is considered as the father of PIL in India. He introduced
the concepts of Public Interest Litigation and Absolute liability in India.
P.N Bhagwati and V.K Krishna Iyyer was also pioneer Judicial Activism in
the country.

The concept of PIL was first introduced in America in 1960. It
became popular by the work of Louis Brandeis. Later it played
an important role in judicial system of U.S.A. Various NGO and
individual filed PIL on major social problem.
“It was very big change in the judicial system of America, later it
was adopted by other countries also. Public interest lawyers
have saved lives, protected fundamental rights and other
important problems of the common people in society. Non-
Governmental Organization filed most of PIL in America.

The Concept of PIL is not mentioned in the constitution of India.
It is work of Judicial system of country. It brings social change in
which common people can directly approach to Court of law for
their problems.
PIL can be filed in Supreme Court as well as in High Court.
Overall PIL can be file only in the “Court of Law”. In India both
Supreme Court and High Court is considered as “Court of Law”.
PIL is broad sense of Writ. As we know that there is only 5 types
of Writ which can be filed in Supreme Court and High Court
under Article 32 & 226 of Constitution of India. In PIL we can file
directly to HC & SC for any social problems.

PIL can be filed by an individual or an organization for the interest
of society at large. Sometime it can be also filed through letter,
newspaper etc.
PIL is for the protection of “Public Interest”, such as on pollution,
terrorism, Road Safety etc. On any matter where public is affected
at large can be redressed by filling PIL in the court of law.
It is simplest method available to the citizen to seek justice form the
Court.
PIL is legal tool to seek justice of those community which are
socially and educationally backward classes. PIL is not filed for
individual dispute. It should be always filed for social-interest.

PIL is also known as Social Action Litigation (SAL), Social Interest
Litigation & Class Action Litigation. It should not be Political interest
litigation, Publisict Interest litigation or any others like that.
Any Indian citizen can file a PIL, the only condition being that it
should not be filed with a private interest, but in larger public interest.
At times, even the Court can take cognizance of a matter if it is one
of utmost public importance, and appoint an advocate to handle the
case.
PIL is necessary for maintaining the “Rule of Law”. It involved the
concept of Judicial Activism. Judicial Activism means opinon of
judges rather than the law exist. Judges apply his own opinion.
PIL is based on the concept “ubi jus ibi remedium”, where there is
right there is remedy.

Feature of PIL
1. Aim of PIL is to protect the interest of public at large.
2. PIL is generally directed to protect the interest those who are
unable to move the court for protection of their right due to
poverty, illiteracy, ignorance etc.
3. Any Individual or social organization can file PIL for grievance
of Public in general though he may not have any personal
interest.
4. PIL is remedial in nature.

Because of Frivolous complaint of PIL, Supreme Court had
given the guideline for filing Public Interest Litigation in 2003.
SC has clearly mentioned that which types of problems will be
entertain in PIL or not.
Matters which will be entertained as PIL in Supreme
Court are given below:-
Bonded labour matters
 Neglected Children
Non-payment of minimum wages to workers and their
exploitation.

Petitions from Jails, complaining of harassment, release of person
on bond etc.
Petition against police for refusing to register a case, harassment
at police station.
Petition against atrocities on woman of rape, murder, kidnapping
etc.
Petition complaining of harassment of villagers by co-villager or
by police.
Petition pertaining to environment pollution.
Petition from riot-victim.
Family Pension

Dispute which cannot be filed as PIL according to guideline of
Supreme Court of India in 2003 are given below:-
Landlord-tenant matters.
Service matters and those pertaining to pension and gratuity.
Complaint against Central and State government department
and local bodies except those relating to items 1 to 10
mentioned in the list of guideline.
Admission to medical and other educational institution.
Petitions for early hearing of cases pending in High Courts and
Sub-ordinate courts.

Some of the landmark judgement related to PIL are:-
1. Visheka vs State of Rajasthan- This came before the Supreme Court
of India as Public Interest Litigation against State of Rajasthan and
UOI by Visheka and other women group. The petitioners demanded
enforcement fundamental rights for working women under Article
14,19 & 21 of the constitution of India. For this Visheka Guidelines
were issued. The judgment also provide the basic definition of
sexual harassment at the workplace along with the provided
guideline deal with the same.
2. M.C Mehta vs UOI – MC Mehta filed a PIL for escape of poisonous
gases by a plant in Bhopal. The court in this case extends the scope
of Article 21 & 32 of COI. This case famously known as Bhopal Gas
Tragedy.

3. Hussainara Khatoon v. State of Bihar- Many have regarded
this case as the first PIL in India as well. In this case the
attention of the court was drawn to the incredible situation
of under trials in Bihar who had been detained pending trial
for periods far in excess of the maximum sentence for the
offences they were charged with. The court not only
proceeded to make the right to speedy trial the central
issue of the case but passed the order of general release of
close to 40,000 under trials who had undergone detention
beyond such maximum period.

4. Best Bakery Case- The Best Bakery, a small outlet in the
Hanuman Tekri area of Vadodara, was allegedly attacked by a
mob, which burned down the bakery, killing 14 people on March
1, 2002. The attack was part of the 2002 Gujarat violence.
The mob targeted the Muslims inside, including the Sheikh
family which ran the bakery. All the fourteen people, who were
killed, had taken refuge in the Best Bakery during the riots.
Three Hindu workers employed at the bakery were also killed. Of
the 17 accused, nine were convicted and sentenced to life by a
special court in Mumbai in 2006. The nine had then approached
the High Court challenging the order.

Public Interest Litigation

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