Shree. ( Advocate.) 01 July 2008

How to file a Public Interest Litigation (PIL)?

What is a PIL?
Public Interest Litigation (PIL) - litigation for public interest. PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position. It is different from ordinary litigation, in that it is not filed by one private person against another for the enforcement of a personal right. The presence of 'public interest' is important to file a PIL.

A PIL can be filed when the following conditions are fulfilled:
- There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority.
- It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and constitutional rights have been infringed.
- It must not be frivolous litigation by persons having vested interests.

Who may file a PIL?
The Supreme Court (SC), through its successive judgements has relaxed the strict rule of 'locus standi' applicable to private litigation.

Any person can file a PIL provided:

He is a member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other oblique consideration.

How to file a PIL?
A PIL may be filed like a write petition. However, in the past the SC has treated even letters addressed to the court as PIL. In People’s Democratic union v Union of India, a letter addressed by the petitioner organization seeking a direction against the respondents for ensuring observance of the provisions of famous labour laws in relation to workmen employed in the construction work of projects connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to environment, human rights etc

Reply Follow

23 Replies

Prakash Yedhula (Lawyer) 01 July 2008

Very vital information indeed

UJAS DHARAMSHI (Corporate Lawyer) 01 July 2008

Its a very good information and can be used appropriately. The PIL has become so important and useful judiciary medium and such information can benefit lots of people

Guest (n/a) 02 July 2008

it it very important for our country which is going to develop.most of the matter relating to the society which may solved bynthis way.

prabodh kumar patel (advocate) 12 October 2008

Please let me know the difference between PIL & Writ, if any?

xyzpqrstnmnmmm (oooo) 15 October 2008

No doubt it gives an overall idea on Public Interest litigation.

AYYALASOMAYAJULA MURALI (POSTAL ASSISTANT ) 19 April 2009

kindly refer my post dated 14.4.2009 I may pl be provided maximum help for filng PIL at SCI

B.B.R.Goud. ( Faculty) 06 June 2009

it is giveing an overall idea on Public Interest litigation.

Raman ( ) 11 July 2009

Dear Shree,

It's a very useful information. In fact, I was searching for this ever since I saw BCI's decision on age limit for LL.B. I thought of finding the PIL# so that my name can be added to the list. After reading the topic & with another LCI member's help, I realized it's 'Public Interest Litigation'.

A little correction I would want to make in this thread. Instead of 'Who may file a PIL?', shouldn't it be 'Concept of PIL' ?

Concept of PIL

According to the jurisprudence of Article 32 of the Constitution of India, “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed”. Ordinarily, only the aggrieved party has the right to seek redress under Article 32.

In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated the concept of PIL as follows, “Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.”

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.

sreenu maddasani (ll.b) 31 March 2010

pil is a emerging trend of our judiciary

aditya vadali (LAWYER) 28 April 2010

HAI FRIEND

THIS IS ADITYA, AS OF TO MY KNOWLEDGE, P.I.L. IS A WEAPON USED TO GET PROTECTED FROM THE SOCIAL INJURY CAUSED BY HAZARDEOUS ENVIRONMENT, GOVERNMENT NEGLIGENCE OR IN PROTECTION OF ONE'S FUNDAMENTAL RIGHTS (WHERE THERE IS AN INFRINGEMENT TO FUNDAMENTAL RIGHTS) BY TAKING IT TO THE NOTICE OF CONCERNED HIGH COURTS / S.C. WHEREAS, THE WRIT, IS THE REMEDY ORDERED BY THE COURT OF LAW, IN PROTECTION TO THE RELIF PRAYED. LET'S WAIT FOR OUR SENIOR ADVOCATES ANSWER, AS THEY GUIDE US WELL.

Arup (UNEMPLOYED) 28 April 2010

Thanks mr shree.

pil can be brought by those who have no lucas standi ( means who has personal interest on the matter ) but as a public spirited person, who wants to raise the matter for a judicial decission.

Arup (UNEMPLOYED) 28 April 2010

and the person should be indian citizen.

layeeq Khan (Law Student) 13 December 2010

Good work you guys..thank you all.

madan mohan nagar (orthopaedic surgeon) 04 March 2011

Medical council of india accepted promotions to the doctors in many private medical colleges agianst the law (m.c.i. act) the law clearly says (available at site of M.C.I.) that for promotions to next stage experience of RECOGNISED MEDICAL COLLEGE is desired but probably due to corrupt nexus between managements of such private colleges and m.c.i. the m.c.i.has accepted promotions to faclty from NON_RECOGNISED and PERMITTED/APPROVED colleges only.and given permission to such colleges for admissions to fresh batches of m.b.b.s. students....such violation of law will result productions of sub-standard future doctors who are taught by these incompetant doctors ,given promotions and permission without following the existing provisions of the law ...when asked by R.T.I. the M.C.I. is mum and not responding...SUCH HALF BAKED DOCTORS WILL BE DANGEROUS TO THE SOCIETY IN FUTURE WHEN THEY WILL TREAT IN FUTURE...IS ANY ISTITUTION PERSON ETC. IS INTERESTED TO FILE p.i.l. IN THIS MATTER RELATED TO LIFE AND HEALTH OF PUBLIC AT LARGE//// ESP. TO ACT AGAINST M.C.I. THE DOCTORS GIVEN PROMOTIONS ILLEGALLY DOCTORS WHO PASSED M.B.B.S. BY THIS WRONG ACTIONS AND MANAGEMENTS OF SUCH COLLEGES.?????