1] WHAT IS PUBLIC INTEREST LITIGATION (PIL)?

• The Supreme Court has defined the PIL as:

" Public Interest Litigation (PIL), means a legal action initiated in a court of law for the enforcement of public Interest in which the public or class of the community have some interest by which their legal rights or liabilities are affected. "

• A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court.
• The concept of PIL is consonance with the principles enshrined in Article 39A of the Constitution to protect and deliver social justice with the help of law.

 

2] NEEDS AND PURPOSE OF PUBLIC INTEREST LITIGATION

The real purpose of Public Interest Litigation (PIL) are:

• Maintaining the rule of law and accelerating the balance between law and justice.
• Facilitating effective access to justice to the socially and economically weaker sections of the society.
• Expressive realization of the Fundamental Rights.
• Accelerating the pace of realization of the constitutional objective.
• It is beneficial for the developing country like India.
• To combat the atrocities prevailing in the society.

 

 

3] HOW TO FILE A PUBLIC INTEREST LITIGATION

Below are the steps:

Step 1: The person filing the PIL (known as the petitioner) must understand the issue concerning people at large by researching and consulting or groups related to the issue.

 

Step 2: The petitioner must collect all the necessary details, information and documents as evidence to support the PIL petition.

 

Step 3: Draft the PIL Petition containing the name of the court, name and address of the petitioner and opposite party (respondent), the article under which it is filed, facts of the case and relief sought from the court.

 

Step 4: Send a copy of the PIL petition to the respondent.

 

Step 5: File the petition with the Supreme Court or High Court along with the proof of sending the petition copy to all the respondents. If the petitioner files the PIL in High Court, he/she submits the two copies of the petition to the court and in the case of the Supreme Court, the petitioner must submit five copies of the petition to the court.

 

4] HOW MUCH MONEY IS REQUIRED TO FILE A PIL IN INDIA?

The court fee for filing a PIL in India is Rs. 50 per respondent. However the expense of arguing the case before the court depends on the advocate the petitioner chooses.

 

5] PIL ADVANTAGES AND DISADVANTAGES:

The Advantages are:

• it ensures that public bodies are accountable by acting reasonably within the limits of their powers and ensures they make precise choices.
• it expands the scope of law by helping the judges to understand legislation and develop laws.
• it gives weak people a voice by emphasizing a significant issue and gives them a platform to advocate their rights.
• it helps raise awareness of critical public problem through media coverage and debates.
• Since the court fees are nominal, citizens can file a PIL to seek a reasonable solution for a public issue.

The Disadvantages are:

• Petition without a significant public issue can waste the court's time.
• The Indian judiciary is already burdened with a heavy caseload due to pending cases and PIL petition may add to that burden.
• Sometimes, PIL maybe abused by an individual pushing for personal grievances instead of championing public causes and thus Public Interest Litigation may become Private Interest Litigation.
• The lack of effective implementation of court judgements is a significant issue hindering successful PIL implementation.

 

6] A FEW EXAMPLES OF PIL ARE AS FOLLOWS:

• Hussainara khatoon vs State of Bihar case

 

• Vishaka vs State of Rajasthan

 

• M.C. Mehta vs Union of India

 

• Parmanand Katara vs Union of India

 

• Javed vs State of Haryana

 

7 CONCLUSION

   Public Interest Litigation (PIL) plays a crucial role in safeguarding the rights and interests of the general public. It serves as a powerful tool for social justice and ensures accountability of the government and other entities. By allowing individuals or organizations to file cases on behalf of those who are unable to approach the court themselves, PIL promotes access to justice and enables marginalized sections of society to seek redressal for their grievances. Through PIL, significant changes have been brought about in various areas, such as environmental protection, human rights, and public policy. However, it is important to strike a balance between the need for PIL and the potential for misuse, ensuring that it is used responsibly and in a manner that upholds the principles of justice and fairness. Overall, Public Interest Litigation continues to be an essential instrument for social transformation and the advancement of public welfare.

 

8  CITATION

   1. "Vasantha Pai, an advocate's advocate". The Hindu. 16 February 2009. Retrieved 9 September 2021.

   2.  P. M. Belliappa (29 January 2011). " The controversy over age... then and now". The Hindu. Retrieved 9           September 2021.

   3. "G. Vasantha Pai vs Sri S. Ramchandra Iyer" Indian Kanoon. Retrieved 9 September 2021.

   4. " Public Interest Litigation (PIL) A Boon or  Bane"www.legalserviceindia.com