Author: Riya Garg, Lloyd School of Law, Greater Noida

In India, thousands of people suffer every day from issues like pollution, corruption, illegal detention, unsafe workplaces, and denial of basic rights, but many of them are unable to reach the court to get justice. According to various legal aid reports this is because of lack of money, awareness, and education, which are the biggest barriers to justice. This is where the Public Interest Litigation (PIL) steps in. PIL allows citizens who are concerned to reach court, not for personal gain, but to protect the rights of the society as a whole. 

A PIL is a legal process through which individuals can file a case in interest of the public as a whole, and to get justice for those who cannot speak for themselves due to lack of resources. Unlike an ordinary litigation, where only an affected person reaches the court, PIL does not require an individual to be directly harmed, it relaxes the traditional rule of locus standi. The idea behind it is to provide justice to all, regardless of their social and economic status. It aims to reach those who cannot speak for themselves.

PIL mainly focuses on issues like environmental problems, human rights violation, government inaction, violation of fundamental rights and exploitation of vulnerable groups of the society. It is a strong tool for social change which gives public spirited individuals the access to move to the court in order to get remedies for societal wrongs.

India is a country with widespread social and economic inequalities. Many people are unaware of their rights, uneducated or lack the resources to be able to file their case in the court of law. PIL serves as a bridge for this gap by giving public spirited individuals the access to file a case against issues affecting the general public at large. In many instances PILs have led to improved prison conditions, protected the environment, strengthened women’s rights, and ensured access to food, shelter, and healthcare.

Over the years PIL has changed the nature of the judiciary from a mere dispute resolving body to a strong tool of social justice and governmental accountability.

There is no particular law or statute in India which codifies PIL. It has evolved through various judgements and developed through constitutional interpretation. However, its foundation lies in the Constitution of India.

Article 32 of the Constitution empowers citizens to directly approach the Supreme Court for the enforcement of fundamental rights. Similarly, Article 226 empowers High Courts to issue writs for enforcement of fundamental rights and for “any other purpose.” These two provisions form the constitutional backbone of PIL.

In the case of Hussainara Khatoon v. State of Bihar (1979), where a journalist’s report revealed that thousands of undertrial prisoners were detained for years without trial, the Supreme Court treated the matter as a PIL and ordered their release, holding that the right to speedy trial is part of Article 21.

Another significant case was S.P. Gupta v. Union of India (1981), where the Supreme Court clearly stated that any member of the public acting in good faith can approach the court for public injury. PIL was officially acknowledged as a valid type of litigation in this case.

The idea that courts should defend the rights of the most vulnerable members of society was further reinforced in Bandhua Mukti Morcha v. Union of India (1984), where the Court considered a PIL submitted by an NGO for the release of bonded labourers.

Who can file?

Any Indian citizen may file a PIL as long as it is done so in good faith and for the benefit of the general public. PILs can be filed by NGOs, social activists, solicitors, journalists, and even students. In certain situations, courts may take Suo moto cognizance, which allows them to initiate these proceedings on their own in response to letters or media reports.

The petitioner must declare that the petition is solely for the benefit of the public and that they have no personal stake in the issue.

When can PIL be filed?

A PIL can be filed when an issue affects a large section of the society. Courts usually accept PILs in cases involving violation of fundamental rights, environmental harm, exploitation of labor, custodial violence, illegal detention, corruption in public offices, and failure of authorities to perform their duties. However, PIL must not be used as a source for private disputes, courts have repeatedly warned to not use it as a tool for political rivalry or publicity.

How to file a PIL?

Typically, a PIL is submitted under Article 32 or Article 226 as a writ petition. The facts, the public issue at hand, and the relief sought, must all be stated in detail in the petition. Reports, images, and official data are examples of supporting documents that should be included wherever possible.

The process is flexible and the court charges a minimal fee. Although formal petitions are typically preferred to avoid misuse, courts may even accept letters or emails as PILs in legitimate cases.

In PIL cases courts do not only award compensation, they may issue directions to the government, order policy changes, appoint expert committees, or monitor the implementation of their orders over time. Courts may also frame guidelines when laws are missing or unclear. The main aim of relief in PIL is to correct systemic failures and protect public interest rather than provide individual remedies.

Public Interest Litigation is an important contribution of the judiciary to the society. Its aim is to provide justice to those who cannot speak for themselves by the means of concerned public spirited citizens. PIL enables any citizen, NGO, activist, lawyer, journalists and even judges to file a case in the interest of the public at large. It takes into consideration matters like violation of fundamental rights, environmental issues, corruption, and government inaction. The process of filing a PIL is efficient and requires only a minimal fee, however it must be filed in good faith and should avoid motives of personal gain, disputes or rivalry. This tool must be used responsibly, when filed with genuine intent, PIL can bring meaningful change and strengthen democracy.

1. INDIA CONST. art. 32.

2. INDIA CONST. art. 226.

3. Hussainara Khatoon (I) v. State of Bihar, (1980) 1 S.C.C. 81 (India).

4. S.P. Gupta v. Union of India, 1981 Supp. S.C.C. 87 (India).

5. Bandhua Mukti Morcha v. Union of India, (1984) 3 S.C.C. 161 (India).

6. SUDHIR KRISHNASWAMY ET AL., PUBLIC INTEREST LITIGATION IN INDIA (Oxford Univ. Press 2014).

7. M.P. JAIN, INDIAN CONSTITUTIONAL LAW (8th ed. 2018).

8. SUP. CT. OF INDIA, HANDBOOK ON PUBLIC INTEREST LITIGATION (2010), https://main.sci.gov.in/pdf/Guidelines/pilguidelines.pdf 

9. LAW COMM’N OF INDIA, REPORT NO. 229: NEED FOR RESTRAINTS ON ABUSE OF PUBLIC INTEREST LITIGATION (2009), https://lawcommissionofindia.nic.in/reports/report229.pdf 

10. NAT’L LEGAL SERVS. AUTH., LEGAL SERVICES AND ACCESS TO JUSTICE IN INDIA, https://nalsa.gov.in/services/legal-services 

11. V.S. Deshpande, Public Interest Litigation in India: Concept, Evolution and Misuse, IPLEADERS (May 6, 2019), https://blog.ipleaders.in/public-interest-litigation-india/.

12. PRS Legislative Research, Understanding Public Interest Litigation, https://prsindia.org/theprsblog/understanding-public-interest-litigation