Public Interest Litigation (PIL) is a powerful tool in the hands of the Indian judiciary to uphold justice for the poor, marginalized, and weaker sections of society. It allows any person or group to approach the court not for personal benefit but for the protection of public interest. PIL has strengthened the role of the judiciary as the guardian of fundamental rights and social justice.
Meaning of PIL
- Public Interest Litigation means litigation filed in a court of law for the protection of public interest.
- It can relate to issues like pollution, human rights, bonded labour, custodial violence, environmental protection, women’s rights, etc.
- PIL relaxes the traditional rule of locus standi (i.e., only the affected party can approach the court). Here, even a social worker, NGO, or citizen can file a case on behalf of those who cannot access justice.
Constitutional Basis
- Articles 32 and 226: Provide the right to move the Supreme Court and High Courts for enforcement of fundamental rights.
- Directive Principles of State Policy (DPSPs): Although non-justiciable, many PILs are based on DPSPs like social justice, environmental protection, and health.
- Article 39A: Provides free legal aid, which aligns with the spirit of PIL.
Evolution of PIL in India
- Post-Emergency Period (1976–77): Judiciary took proactive steps to regain public trust.
- Justice P.N. Bhagwati and Justice V.R. Krishna Iyer played key roles in expanding PIL.
- Landmark cases:
- Hussainara Khatoon vs. State of Bihar (1979): Right to free legal aid, speedy trial.
- M.C. Mehta vs. Union of India: Series of environmental PILs (e.g., Ganga pollution, vehicular pollution).
- Vishaka vs. State of Rajasthan (1997): Guidelines against sexual harassment at the workplace.
Importance of PIL
- Access to Justice – Provides voice to disadvantaged groups.
- Judicial Activism – Strengthens accountability of executive and legislature.
- Policy Formation – PIL judgments often lead to new policies or guidelines.
- Enforcement of Fundamental Rights – Acts as a protector of constitutional rights.
- Awareness – Promotes awareness among citizens about their rights.
- Strengthens Rule of Law – Ensures government and authorities act within constitutional limits.
- Checks Corruption & Maladministration – Many PILs have exposed scams, misuse of power, and poor governance.
- Develops Environmental & Social Jurisprudence – PILs have expanded interpretation of rights to include clean environment, livelihood, education, and dignity.
Criticism of PIL
- Judicial Overreach – Courts sometimes encroach on policy-making domain.
- Frivolous PILs – Many PILs are filed for publicity or personal vendetta.
- Delay in Justice – Huge number of PILs adds burden to already pending cases.
- Unequal Access – Elite groups often dominate PIL space, sidelining genuine grassroots voices.
Safeguards by Courts
- Putting fines or penalties on unnecessary or fake PILs.
- Scrutinizing the locus standi of petitioners.
- Emphasizing that PIL should not be misused for private interest.
Recent Examples of PIL
- Protection of migrant workers during COVID-19 lockdown.
- Ban on firecrackers for pollution control in Delhi.
- Rights of LGBTQ+ community.
- PIL challenging E20 Petrol Policy rollout
- PIL to cancel India-Pakistan Asia Cup match (2025)
- PIL to implement National Education Policy (NEP) in Tamil Nadu, Kerala & West Bengal
Conclusion
Public Interest Litigation has been a transformative instrument in India’s constitutional journey. It democratizes access to justice, holds authorities accountable, and ensures social justice. However, to maintain its sanctity, PIL must be used responsibly and for genuine public causes