Public Interest Litigation (PIL)

Origin of PIL

  • The concept of PIL has its origin in the USA in the 1960s.

What is a PIL?

  • Public Interest Litigation (PIL)  means a legal action started in a court of law for the enforcement of public/general interest where the public or a particular class of the public have some interest (including pecuniary interest) that affects their legal rights or liabilities.

Major Cases Associated with PIL

  • S.P. Gupta vs. Union of India(1981) case was presided over by Justice P.N. Bhagawati, which led to a new era for PIL.

Features of PIL

  • PIL has neither been defined in the Constitution nor in any Indian statute.
  • Constitutional provisions –  The Supreme Court and the High Court under Articles 32 and 226 (authority to issue writs) of the Constitution, respectively, can hear a PIL petition submitted by any concerned individual.
  • Relaxation of locus standi rule – PIL in India was made possible by the relaxation of the requirement of “locus standi”.
  • Different from traditional litigation – PIL is different from traditional litigation, which is adversarial in nature and involves disputes between two parties.
  • Proactive role of courts –  In PIL, the role of the court is more proactive than in traditional actions and requires a more positive attitude in determining acts.
  • Flexibility –  While PIL allows for greater flexibility in the procedure, it must still adhere to judicial procedure and principles.

Significance of PIL

  • Widens the scope of Article 32
  • Access to justice.
  • Strengthening the judiciary.
  • Protecting the rights of the marginalized.
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