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.