Top 10 Powerful Facts About Public Interest Litigation in India

✅ 1. Introduction to Public Interest Litigation (PIL) in India

Define PIL: A legal action initiated in a court of law for the enforcement of public interest or general interest.
Its objective: Make justice accessible even to those who may not have the means or standing to file a traditional case.
Constitutional foundation: Articles 32 (Supreme Court) and 226 (High Court).
Relevance in a democratic society for promoting transparency and accountability.

✅ 2. Origin and History of PIL in India

Derived from American jurisprudence but adapted to Indian socio-legal context.
Initially introduced to protect rights of disadvantaged groups – bonded laborers, prisoners, women, children, environment, etc.
Emerged during post-Emergency India (late 1970s – 1980s) when judiciary became more activist.
The evolution of locus standi from a narrow individualistic view to a broader public interest approach.

✅ 3. Who Introduced PIL in India?

Justice P.N. Bhagwati and Justice V.R. Krishna Iyer pioneered the concept of PIL in India.
These judges liberalized access to justice by allowing even a postcard to the court to be treated as a writ petition.
They emphasized social action litigation as a tool for public good.

✅ 4. First PIL in India

The first recognized PIL in India: Hussainara Khatoon v. State of Bihar (1979)
Highlighted the plight of undertrial prisoners languishing in jail for years.
Filed by Advocate Kapila Hingorani, later known as the mother of PIL in India.
Result: Led to release of over 40,000 undertrial prisoners.

✅ 5. Father and Mother of PIL in India

Father of PIL: Justice P.N. Bhagwati – known for institutionalizing the concept of PIL in Indian legal framework.
Mother of PIL: Kapila Hingorani – filed the first PIL that led to the birth of this mechanism.
Their roles were critical in making justice accessible to the marginalized.

✅ 6. PIL in India – UPSC and Legal Exams Relevance

Frequently asked in UPSC, Judiciary, Law entrance, and AIBE exams.
Questions like: “Who is the father of PIL?”, “What was the first PIL?”
Essential topic in Polity and Indian Constitution section of UPSC.
Helps understand the activist role of judiciary and democratization of legal process.

✅ 7. What is PIL in India? – A Conceptual Overview

Legal tool that allows any public-spirited citizen, NGO, or group to approach courts.
For protection of constitutional/legal rights of people who cannot approach the court themselves.
Often addresses human rights violations, environmental degradation, corruption, misuse of power, etc.
Non-adversarial and participatory form of justice.

✅ 8. When was PIL introduced in India?

PIL was formally introduced in 1979 with the Hussainara Khatoon case.
Gained momentum during the 1980s with several landmark cases like:
- S.P. Gupta v. Union of India (1981) – transparency in judicial appointments
- Sheela Barse v. State of Maharashtra (1983) – rights of women prisoners
- MC Mehta v. Union of India – environmental PILs

✅ 9. Procedure to File PIL in India

Identify issue affecting public interest.
Collect facts, documents, evidence.
File PIL as a writ petition under Article 32 (SC) or Article 226 (HC).
Can also be initiated through letter/postcard in exceptional cases.
Filing format:
- Petitioner’s name and background
- Public interest involved
- Details of violation
- Relief sought
Court may appoint amicus curiae, issue directions, or form commissions.

✅ 10. How Many PILs are Filed in India?

Thousands of PILs are filed every year in various High Courts and the Supreme Court.
However, no official centralized statistics.
SC registry receives 1000+ PILs annually (approx.)
Many are dismissed at preliminary stages if found frivolous.

✅ 11. Who Can File a PIL in India?

Any person – including advocates, NGOs, social activists, or even common citizens.
The petitioner need not be directly affected.
Must act in good faith and in public interest – not for personal gain.

✅ 12. Can a Lawyer File a PIL?

Yes, in fact, most PILs are filed by lawyers and legal activists.
Lawyers are often more equipped to draft and argue complex issues.
Not mandatory – even laypersons can file PILs.

✅ 13. Can NGOs File PILs?

Yes, NGOs play a critical role in filing PILs, especially those working in human rights, environment, tribal welfare, etc.
Examples:
- PUCL (People’s Union for Civil Liberties)
- Centre for Public Interest Litigation (CPIL)
- Greenpeace India (environmental PILs)

✅ 14. What Are the Advantages of PIL?

Democratizes access to justice.
Helps protect rights of voiceless communities.
Enables judicial review of executive action.
Promotes transparency and good governance.
Strengthens rule of law and constitutionalism.

✅ 15. What Are the Disadvantages of PIL?

Frivolous or motivated PILs waste judicial time.
Sometimes used as a tool for political vendetta.
May overburden courts with non-justiciable issues.
Can lead to judicial overreach into executive/legislative domain.

✅ 16. Can a PIL Be Withdrawn?

Yes, the petitioner can file an application to withdraw the PIL.
However, the court may still refuse withdrawal if public interest is involved.
The court has the power to continue the matter suo motu (on its own).

✅ 17. How to Apply for PIL in Court?

Prepare a writ petition under Article 32 (SC) or Article 226 (HC).
Include relevant facts, legal grounds, and prayer.
Pay nominal court fee (or exempted if in public interest).
Submit to PIL cell or registry of the court.
Court may issue notice to the government or other party.

✅ 18. What Is the Difference Between PIL and Petition?

Aspect	PIL	Ordinary Petition
Nature	Public interest	Personal grievance
Locus Standi	Anyone can file	Only affected person can file
Objective	Welfare of society	Relief to individual
Example	Environmental issue	Property dispute

✅ 19. How Can a PIL Be Rejected?

If filed for personal/ulterior motives
If issue is already settled by court
If lacks evidence or legal merit
If not related to public interest
If petitioner has no genuine concern in the matter

✅ 20. Conclusion

Public Interest Litigation (PIL) remains a powerful judicial innovation that has transformed the Indian legal landscape. It has empowered citizens, NGOs, and activists to seek justice on behalf of the voiceless and hold the government accountable. However, with great power comes responsibility. Courts and citizens must ensure that PILs are used genuinely and judiciously to serve the public good.