Public Interest Litigation (PIL): Meaning, Mechanism & Landmark Cases

Introduction:

Justice in a democracy isn’t only for the privileged. What happens when an illiterate, poor, or imprisoned individual suffers injustice but doesn’t have the means to approach the court?

Public Interest Litigation (PIL) — a constitutional innovation that democratized access to justice in India.

A PIL allows any public-spirited person to approach the courts to address wrongs against an individual or a group who cannot do so themselves. It flips traditional litigation on its head by prioritizing public concern over personal gain.

What is Public Interest Litigation?

A Public Interest Litigation is a legal petition filed in a court of law, not for personal benefit, but in the interest of the public at large. The focus is on collective rights and public causes.

Unlike conventional lawsuits, a PIL:

• Does not require the petitioner to be directly affected.

• Is often triggered by letters, newspaper reports, or research studies.

• Can be filed pro bono (without court fees in many cases).

It has become one of the most powerful tools for social change, environmental protection, and constitutional enforcement in India.

Legal Foundation of PIL in India

Though the term “PIL” is not defined in any statute, it is firmly rooted in the constitutional scheme and judicial innovation.

Key Legal Provisions:

• Article 32 – Empowers citizens to approach the Supreme Court for enforcement of Fundamental Rights.

• Article 226 – Grants High Courts similar powers, even for legal rights.

The P.N. Bhagwati and V.R. Krishna Iyer era (1980s) in the Supreme Court marked the beginning of judicial activism, where the court relaxed procedural norms to make the law more inclusive and responsive.

“Where a legal wrong or legal injury is caused to a person or a class of persons, and such person or class is unable to approach the court, any member of the public can maintain an application for appropriate direction.” — Justice P.N. Bhagwati, S.P. Gupta v. Union of India (1981)

Who Can File a PIL?

Any Indian citizen, NGO, journalist, social activist, lawyer, or academician can file a PIL if:

• The victims of injustice cannot approach the court themselves (due to poverty, illiteracy, or social barriers).

• The matter affects the larger public or a vulnerable section of society.

• The petitioner acts bona fide and not for political, personal, or commercial motives.

Important: Courts may impose fines if a PIL is found to be frivolous or malicious.

Types of Issues Covered in PILs

PILs have touched almost every corner of Indian life, including:

• Bonded labour, human trafficking

• Environmental hazards

• Custodial violence, prison conditions

• Lack of access to clean water, food, or shelter

• Violation of child and women’s rights

• Negligence in public health or safety

• Corruption and administrative inaction

• Violation of rights of tribal and forest-dwelling communities

Impact of PIL on Indian Democracy

PILs have revolutionized access to justice by making courts accessible to people who would otherwise be silenced due to poverty, illiteracy, or oppression.

Key Advantages:

• Bridges the justice gap between citizens and courts

• Holds public authorities accountable

• Protects collective rights and promotes governance reforms

• Addresses urgent social and environmental problems

Thanks to PIL, the Indian judiciary has actively intervened to correct administrative lapses, enforce environmental laws, and secure civil liberties

Noteworthy PIL Cases in Indian Legal History

1. Hussainara Khatoon vs. State of Bihar (1979)

Thousands of undertrial prisoners were languishing in jail without trial. The Supreme Court intervened and declared the right to speedy trial and free legal aid as part of Article 21.2. MC Mehta vs. Union of India

2. MC Mehta vs. Union of India

Filed by environmental activist M.C. Mehta, this case series tackled pollution, including the Ganga river, vehicular emissions, and hazardous industries. It led to the development of the polluter pays principle and introduced strict environmental regulations.

3. Vishaka vs. State of Rajasthan (1997)

After the horrific gangrape of Bhanwari Devi, this PIL brought attention to sexual harassment at the workplace. The Court laid down the Vishaka Guidelines, which later shaped the Sexual Harassment of Women at Workplace Act, 2013.

4. Sheela Barse vs. Union of India (1986)

This PIL raised concerns about the ill-treatment of children in custody. The Court issued directions for better protection and care for juveniles, stressing humane treatment and legal safeguards.

5. Shreya Singhal vs. Union of India (2015)

This PIL challenged Section 66A of the IT Act, which was being misused to arrest people for online posts. The Supreme Court struck it down, reinforcing freedom of speech and expression.

Misuse and Judicial Safeguards

Though PIL is a positive tool, its misuse is rising. Common problems include:

Frivolous or Political PILs:

• Filed to gain media attention or harass individuals.

• Courts now dismiss such petitions with exemplary costs.

Judicial Overreach:

• Courts sometimes interfere in policy matters (e.g., syllabus changes, movie bans), leading to separation of powers concerns.

Floodgates Problem:

• Too many PILs can burden courts and delay genuine litigation.

“PIL is a weapon which must be used with great care and circumspection.”
— Justice A.S. Anand, Supreme Court of India

Reforms to Improve PIL Mechanism

• Pre-screening of PILs by court registrars.

• Mandatory affidavit verifying public interest.

• Fines for motivated petitions to discourage misuse.

• Awareness among public about responsible PIL filing.

Conclusion:

PIL is not just a legal innovation; it’s a symbol of participatory democracy. It empowers individuals to challenge systemic failures, uphold fundamental rights, and protect those without a voice.

For law aspirants, PIL is a reminder that the law is not just a profession — it is a service. One good PIL can change policies, impact lives, and strengthen constitutional values.