Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi.
Public interest litigation can help the poor in the following ways: It can seek to protect the fundamental rights and better the living conditions of the poor. It can allow public spirited citizens, social organisations and lawyers to file cases on behalf of those who cannot approach the courts.
Any public spirited citizen can move/approach the court for the public cause (in the interests of the public or public welfare) by filing a petition: In Supreme Court under Art. 32 of the Constitution; In High Court under Art.
A Public Interest Litigation also known as PIL is a form of litigation that is filed to safeguard or enforce public interest. Public Interest is the interest belonging to a particular class of the community affects their legal rights or liabilities. It may include pecuniary interest.
The term PIL as it is famous today originated in the United State of America in the mid-1980s. The nineteenth century saw various movements that contributed to Public Interest law, as a Part of Legal Aid Movement.
chief justice P.N. Bhagwati
It states that those persons who have annual income of less than the amount prescribed by the respective State Government, if the case is before any court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is before the Supreme Court, are eligible for free legal aid.
“Public interest Litigation” or PIL is a litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, terrorism, road safety, constructional hazards etc. Court on behalf of those whose rights are being violated.
A writ is just a written command given out by a legal authority like a court. Writs are filed by individuals/corporates and other persons for reliefs in their own causes whereas the PILs are applications filed by any citizen for remedying the hardships faced by the public at large. PIL is not defined in any statute.
Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. In every State, a State Legal Services Authority and in every High Court, a High Court Legal Services Committee have been constituted.
Public interest petitions can be filed only in the Supreme Court or the High Court.
Demerits. Many people started handling PIL as a tool for harassment because frivolous cases can be filed without heavy court fee as compared to private litigations. Due to the flexibility of character of the PIL, the opposite party gets an opportunity to ascertain the precise allegation and respond to specific issues.
Public interest litigation is a litigation which can be filed in any court of law by any public spirited person for the protection of “public interest”. PIL has achieved a place of great importance in our legal system. Public interest litigation case in India was first filed in the year 1976; Mumbai Kamgar Sabha v.
Public interest litigation is litigation for public interest i.e., it is a case filed in the interest of the public by a representative of the public. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position.
