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Public Interest Litigation (PIL) in India

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In early 1980, Justice V.R. Krishna Iyer and Justice P.N. Bhagwati became the pioneers of PIL or Public Interest Litigation. The concept started in the USA. When the government decided to provide legal representation to some of their unrepresented groups. But when the Indian. A specific group of people demanding services or demands was the real godfathers of PIL in the USA.

As India, is also the home of millions of people and groups, a need to introduce the PIL was also felt. The PIL was given many names under which the meaning and purpose can be easily understood. Names such as Social Interest Litigation, Social action Litigation, and Class action litigation are some of them. So, the basic idea is to provide justice to such groups of our country that are of the same purpose or background. Even though there are rights and litigations for every section of our society and that is why there is a need to ensure the form of such powers.

Public-Interest-Litigation

Public Interest Litigation

What is Public Interest Litigation (PIL)?

Public Interest Litigation (PIL) can simply be understood as a special provision for some specific groups or communities.  Any specific community or group of people can move to the court for the advancement of any social subject. If a group of people in the society are facing offended for any of their rights, they can approach the court by putting PIL against the opposition.

The supreme court accepts the PIL of any group if their legal rights are been affected.  The meaning of PIL can be understood easily when a social group or organization moves to the court to fight against any violations of their rights. Socially and economically weaker sections of the society are the purpose for which PIL was introduced and trusted.

Features of Public Interest Litigation (PIL)

Legal aid

PIL is no less than a legal aid for the marginalized section of society. To bring justice and maintain legal balance within the society. A legal claim is not like litigation. A PIL can help sort legal differences between the two parties. The legal aid under the PIL provides security and justice to the organizations.

Public interest

Unlike any other legal jurisdiction, PIL is for the public interest. The public interest for the purpose like environment, communalism, social justice, and many more. It has more of a positive attitude than any other.

– Different from traditional litigation: Traditional litigation can be meant for many different purposes. But PIL is solely meant for social good. One can find that every PIL that has been presented in courts is related to a vast issue. No single person will benefit from PIL but a huge mass of people with the same concern.

Highlights the ignored

The constitution is made equal for all. But many groups are ignored. To highlight them, the PIL is the only power that is given to them exceptionally. Any organization that works for either underprivileged children, the elderly, villagers, or labourers can be highlighted through the provision of the PIL.

Strict punishments

A PIL has the power to punish any guilty. A single petition under PIL is powerful enough. The courts take the PIL very seriously and they have the provision to take action under it.  Punishments can be against an individual, an authority, or any organization.

Public Interest Litigation (PIL) in India

Understanding PIL according to Supreme Court

In 1998, many guidelines were set by the Supreme court. So, the basic understanding of the PIL is provided by Supreme Court itself. For instance, if we see the guidelines, the Supreme court states the subjects that can be used for the PIL. Not all subjects are part of PIL. Subjects that are entirely focused on the marginalized groups and communities are only entertained under it. For instance, the Supreme court has not allowed complaints against central or state governments or any local bodies to be petitioned under PIL.

On the other hand, one can file a petition against the police for harassment or for not following any legal steps. 
Article 32 and 226 of the constitution gives the power to the court to take steps for the final judgment against such petitions under PIL. A court has the provision to take steps for the disadvantaged group. When there is a concern about the fundamental rights of the group, organization, or injustice in the society the power of PIL can bring justice.
In the case of state government, if there is any interference, if the court is satisfied with the violation, they may not allow the interference. The court under the common rule of Locus Standi is relaxed to look into the grievances or complaints of the petitioner. The high court and the supreme court is not allowed to step out of their judicial review to make a judgment however in the case of PIL, there have been some exceptions.
 


Last Updated : 24 Jan, 2024
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