Public Interest Litigation- By Vedant Karia at LexCliq
PIL is a type of litigation filed to protect or enforce interests of the public. The public interest is an interest that affects a group's legal rights or liabilities. It may include monetary gain.
No Indian law defines PIL. However, courts have defined PIL. In Janata Dal v. H.S. Chaudhary, the Supreme Court of India held that lexically, ‘PIL' means a legal action brought in a court of law to enforce public/general interest where the public or a particular class of the public has some interest (including financial interest) that affects their legal rights or liabilities.
PILs are the most effective and widely used judicial tool to protect the environment due to their many advantages such as speedy results, low court fees, relaxed procedural rules, and the wide variety of investigative methods available to courts such as special committees.
PILs can be filed by individuals or groups to protect or enforce their own rights or on behalf of groups that are marginalised or oppressed and unable to enforce their own rights.
To enable the Hon'ble Court to consider grievances made on behalf of those who are impoverished, uneducated, disadvantaged or handicapped who are unable to approach the courts themselves, the concept of “Locus Standi” has been relaxed.
To file a PIL, one must act in good faith and have sufficient interest in the proceeding. Those who approach the Hon'ble Court for personal, private, political, or other reasons will be ignored.
The Court may also take suo moto cognizance.
PILs are Writ extensions. So, PILs can be filed either before the Supreme Court or any High Court under Article 226 of the Indian Constitution.
A simple letter or postcard addressed to the Chief Justice of India or a High Court Chief Justice may be sufficient. In Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, the Hon'ble Court converted a letter raising the issue of unauthorised and illegal mining in Mussoorie Hills into a writ petition under Public Interest Litigation.
The Indian courts have developed several PIL principles over time:
Relaxed rule of locus standi
Relaxed procedural rules
Intervention by the courts
Question of maintainability
Principle of Res Judicata
Appointment of a Commission
PILs regarding constitutionality or validity of a statute or a statutory rule
Complete Justice
Courts use tremendous caution to avoid misusing PILs, as misusing PILs would negate the entire objective for which they were formed, namely to come to the aid of the poor and underprivileged. Courts have repeatedly emphasised this point, as in the case of Kushum Lata v. Union of India. However, courts have concluded that even if the petitioner contacted the court to address his personal grievances, the court may deem it appropriate to look into the subject of the dispute and its current condition of affairs in the public interest.
• Conceptualization of numerous ideas– The courts have developed and refined various concepts in environmental law issues, including the Polluter Pays Principle, the Precautionary Principle, the Public Trust Doctrine, and Sustainable Development.
The following are some critical steps to take when drafting a PIL:
• Information gathering - The first stage in preparing a PIL is to gather all pertinent information about the subject.
• Document collation - All papers pertaining to the case, including any images, must be compiled.
• Court in which it is to be filed– The Petitioner must determine whether to file the PIL with the Hon'ble Supreme Court or the State's High Court.
• PIL Format– A PIL may take the shape of a Petition, a letter, or a postcard. If the PIL is to be filed before the Supreme Court of India, the letter/postcard must be addressed to the Chief Justice of India. If the PIL is to be filed before a High Court, the letter/postcard must be addressed to that High Court's Chief Justice.
• Public Litigation Guidelines– When formulating a PIL, it is necessary to consult the Public Litigation Guidelines applicable to the court in which the PIL will be filed. Typically, these are available on the different courts' websites.
• Clearly expressed details - The following details must be stated clearly:
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 which 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.
In the event that 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 he/she/they are able to pay costs, if any, that may be imposed by the court.
Appearance in court- The Petitioner may either appoint an advocate or choose to appear in person.
A PIL is a written petition that addresses a specific issue such as pollution of the environment or a change in the ecological balance.
A PIL is a vital judicial tool, especially for individuals who cannot access the courts directly. They are a prevalent form of litigation, particularly in environmental situations. The courts have endeavoured to simplify PIL requirements to encourage filings in the public interest and on behalf of the impoverished, disabled, or disadvantaged. However, there have been cases where persons have used PILs to serve their own personal objectives. Thus, courts must continue to be extremely cautious with PILs.
are summarised in the table below.
A PIL is filed like a writ petition.
Guidelines for Public Interest Litigation are available on the Supreme Court of India's website.
Vedant Karia
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