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UPSC Exam  >  UPSC Notes  >  Indian Polity for UPSC CSE  >  Laxmikanth Summary: Public Interest Litigation(PIL)

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Public Interest Litigation (PIL)

Laxmikanth Summary: Public Interest Litigation(PIL) | Indian Polity for UPSC CSE


It is a legal concept that originated in the USA in the 1960s, aiming to provide legal representation to groups and interests that were often left out in the traditional legal system. These groups included the poor, environmentalists, consumers, racial and ethnic minorities, among others.

In India, PIL is closely linked to judicial activism, which refers to judges actively shaping legal doctrines and policies. The Supreme Court played a key role in introducing PIL in the early 1980s, with justices V.R. Krishna Iyer and P.N. Bhagwati being pioneers in this area.

PIL in India is also known as Social Action Litigation (SAL), Social Interest Litigation (SIL), and Class Action Litigation (CAL). It allows any concerned citizen or social organization to approach the court on behalf of those who, due to poverty, ignorance, or social and economic disadvantages, cannot seek legal remedies themselves.

Meaning of PIL

In the past, there was a rule in India called 'locus standi,' which said that only the person directly affected by a problem could go to court for help. But the introduction of Public Interest Litigation (PIL) changed this rule. Now, any caring citizen or social group can go to court on behalf of others who can't do it themselves. This is especially important when people are facing issues because of their poverty, lack of knowledge, or social and economic disadvantages. So, in PIL, anyone from the public who cares enough can approach the court to help others and address common problems. It's a way for regular people to stand up for the rights of others and find solutions to shared issues.

Laxmikanth Summary: Public Interest Litigation(PIL) | Indian Polity for UPSC CSE

The Supreme Court defines PIL as a legal action initiated in court for the enforcement of public or general interest, where the public or a community class has an interest that affects their legal rights or liabilities.

The main goals of PIL are 

  • To uphold the rule of law
  • Ensure effective access to justice for socially and economically weaker sections of society
  • Realize fundamental rights.

 In simple terms, PIL is a way for ordinary citizens or organizations to go to court on behalf of others who can't do so themselves, promoting fairness, justice, and the protection of rights for everyone.

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Features of PIL

Laxmikanth Summary: Public Interest Litigation(PIL) | Indian Polity for UPSC CSE


Public Interest Litigation (PIL) has several key features that make it different from regular legal cases:
  1. Accessible Justice: PIL is like a tool for providing legal help to poor people who are often not seen or heard in regular legal matters.
  2. Not a Fight Between Two Parties: Unlike regular disputes where two parties argue against each other, PIL is not about individuals fighting. It's more about promoting and protecting public interest.
  3. Not About Individual Rights: In PIL, the aim is not to settle a dispute between two people. Instead, it's focused on promoting what's good for the public.
  4. Highlighting Injustices: PIL specifically addresses violations of constitutional and legal rights affecting large groups of people who are poor, ignorant, or socially and economically disadvantaged.
  5. Cooperative Effort: It involves teamwork between the person or group filing the case, the government, and the court to ensure that the rights and benefits given to vulnerable parts of the community are respected and upheld.
  6. Addressing Public Issues: In PIL, the legal action is taken to fix problems that affect the public, enforce public duties, protect collective rights, and stand up for public interests.
  7. Active Role of the Court: The court plays a more assertive and creative role in PIL compared to traditional cases. It actively works towards solving issues rather than just following a passive role.
  8. Flexible Process: While PIL allows for some flexibility not found in regular private disputes, the court still follows known judicial procedures and characteristics, ensuring a fair and proper legal process.

In simple terms, PIL is a special kind of legal action focused on helping the public, especially those who might be overlooked, and it involves a collaborative effort to address broader social issues. The court takes a more active role in finding solutions, ensuring fairness, and following established legal procedures.

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Scope of PIL

In 1988, the Supreme Court made some rules about the types of issues it would consider under Public Interest Litigation (PIL). These rules were updated in 1993 and 2003. According to these rules, the court would usually accept letters or petitions as PIL if they fall into the following categories:
  1. Bonded Labor Issues: Matters related to people working in conditions where they are forced to work under certain conditions.
  2. Neglected Children: Cases concerning children who are not being taken care of properly.
  3. Minimum Wage Violations: Problems related to not paying workers the minimum wages they deserve and exploiting casual workers. Also, complaints about breaking labor laws, but not individual cases.
  4. Jail Issues: Complaints from prisons about harassment, early release, release after serving a specific time, death in jail, transfer, release on personal bond, or the right to a speedy trial.
  5. Police Complaints: Petitions against the police for refusing to file a case, police harassment, and deaths in police custody.
  6. Violence Against Women: Petitions against crimes on women, including harassment of brides, bride burning, rape, murder, kidnapping, etc.
  7. Atrocities on Villagers: Complaints of harassment or torture of villagers by fellow villagers or the police, especially those belonging to Scheduled Castes, Scheduled Tribes, and economically backward classes.
  8. Environmental Issues: Petitions related to environmental pollution, disturbance of ecological balance, drugs, food adulteration, heritage and culture preservation, antiques, forests, wildlife, and other matters important to the public.
  9. Riot Victims: Petitions from people who have been victims of riots.
  10. Family Pension Matters: Issues related to family pensions.

The cases falling under the following categories will not be entertained as PIL: 

  1. Landlord-tenant matters
  2. Service matter and those pertaining to pension and gratuity 
  3. Complaints against Central State Government departments and Local Bodies except those relating to item numbers (1) to (10) above 
  4. Admission to medical and other educational institution 
  5. Petitions for early hearing of cases pending in High Courts and Subordinate Courts.

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Principles of PIL

The Supreme Court has established some important principles regarding Public Interest Litigation (PIL):

  1. Open Access to Justice: The court can hear petitions from anyone concerned about the well-being of disadvantaged people who can't approach the court themselves. It is the court's duty to protect the fundamental rights of these people and make sure the government fulfills its promises.

  2. Issues of Public Importance: When matters affecting a large number of people's fundamental rights and the government's constitutional duties arise, the court can treat even a letter or telegram as a PIL. In such cases, the court can relax the usual legal procedures.

  3. Injustice to Many: If a significant number of people are facing injustice, the court can intervene using constitutional articles and international conventions on human rights, ensuring a fair trial.

  4. Relaxation of Locus Standi: The usual rule that only directly affected parties can go to court is relaxed in PIL cases. This allows the court to address grievances on behalf of the poor, deprived, illiterate, and disabled who can't protect their legal rights themselves.

  5. State Cannot Question Validity: If the court is satisfied that a group's constitutional rights are being violated, the government cannot challenge the petition's validity.

  6. Application of Procedural Laws: Although procedural laws apply to PIL cases, whether principles like res judicata (a legal matter already judged) apply depends on the nature of the case.

  7. Private Disputes Not PIL: Disputes between two private parties are not allowed to be treated as PIL.

  8. Public Interest in Private Cases: In some cases, even if the petitioner started the case for personal reasons, the court may investigate the situation in the interest of justice and the public.

  9. Appointment of Commissions: In special situations, the court may appoint commissions or other bodies to investigate allegations and facts, and it can also direct the management of public institutions taken over by such commissions.

  10. Limitations on Court's Role: The court should not exceed its jurisdiction or interfere with policy matters while protecting people's rights.

  11. Judicial Review Boundaries: The court generally sticks to the known areas of judicial review. While a High Court can issue orders for complete justice, it doesn't have the same power as Article 142 of the Constitution of India.

  12. Statutory Challenges: Generally, the High Court should not entertain PIL writ petitions questioning the constitutionality or validity of a law or statutory rule.

In simple terms, the Supreme Court has set rules that allow it to hear cases in the public interest, especially when disadvantaged groups are affected, and it may relax usual legal procedures to ensure fairness and justice. However, it also maintains boundaries to avoid interfering in policy matters and focuses on known areas of judicial review.

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Guidelines for Admitting PIL

Laxmikanth Summary: Public Interest Litigation(PIL) | Indian Polity for UPSC CSE

Public Interest Litigation (PIL) has become an important aspect of the legal system. However, it is crucial to ensure that it doesn't turn into various other types of litigation, such as 'Publicity Interest Litigation,' 'Politics Interest Litigation,' 'Private Interest Litigation,' 'Paisa (Money) Interest Litigation,' or 'Middle-class Interest Litigation' (MIL).

The Supreme Court has noted that PIL isn't a cure-all solution for every problem. Originally, it was designed to safeguard the basic human rights of the weak and disadvantaged. It's a legal process where a person who cares about the public good can file a petition on behalf of those who, due to poverty or other difficulties, can't go to court themselves. However, there have been instances of PIL being misused or abused recently.

Therefore, it's important to clarify the boundaries within which PIL can be used. The court emphasizes that PIL should stay true to its original purpose of helping those in need, and there is a need to prevent its misuse. In simple terms, PIL is a powerful tool meant for protecting the rights of the vulnerable, and it's essential to use it responsibly and within defined limits to avoid its abuse.

To prevent the misuse of Public Interest Litigation (PIL), the Supreme Court has established the following guidelines:

  1. Encourage Genuine PIL: The court should support and promote authentic and sincere PIL cases while discouraging those filed for improper reasons.
  2. Standard Rules for PIL Handling: Instead of each judge creating their own process for handling PIL, each High Court should develop clear rules that encourage genuine PIL and discourage cases with hidden motives.
  3. Verify Petitioner's Credentials: The court should check the background and authenticity of the petitioner before considering the PIL.
  4. Ensure Correctness of Petition Contents: The court must be initially satisfied about the accuracy of the information presented in the petition.
  5. Verify Substantial Public Interest: The court should confirm that the PIL involves significant public interest before accepting the petition.
  6. Priority for Important Cases: Cases with larger public interest, gravity, and urgency should be given priority over others.
  7. Aim for Genuine Public Benefit: The court must ensure that the PIL genuinely aims to address public harm and injury, without any personal gain, private motive, or hidden agenda.
  8. Discourage Frivolous Petitions: The court should discourage petitions filed by busybodies or those with ulterior motives by imposing costs or using innovative methods to curb frivolous cases filed for improper reasons.

In simpler terms, these guidelines are like rules to make sure that PIL is used for its intended purpose of benefiting the public, and not for personal gain or frivolous reasons. The court wants to encourage sincere cases that genuinely address public issues while discouraging misuse of the legal process.

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FAQs on Laxmikanth Summary: Public Interest Litigation(PIL) - Indian Polity for UPSC CSE

1. What is the meaning of Public Interest Litigation (PIL)?
Ans. Public Interest Litigation (PIL) refers to a legal action filed in a court of law for the protection of public interest or the interest of a marginalized or disadvantaged group. It is a mechanism that allows any individual or organization to approach the court on behalf of the public or a group of people who are unable to access justice on their own.
2. What are the features of Public Interest Litigation (PIL)?
Ans. The features of Public Interest Litigation (PIL) include: - It can be filed by any citizen or organization, even if they are not directly affected by the issue. - The court can take suo moto cognizance of a matter and initiate PIL without a formal petition. - PIL can be filed in any court, from the lower courts to the Supreme Court, depending on the nature and importance of the issue. - The court can issue directions or orders to the government or other authorities to take necessary action. - PIL can be filed against both public and private entities if their actions or inactions violate public interest. - The court can award compensation or provide remedies to the affected parties.
3. What is the scope of Public Interest Litigation (PIL)?
Ans. The scope of Public Interest Litigation (PIL) is wide-ranging and covers various areas of public concern, including: - Environmental protection and conservation. - Human rights violations. - Corruption and administrative misconduct. - Consumer rights and product safety. - Women's rights and gender equality. - Protection of the rights of marginalized and disadvantaged groups. - Public health issues. - Education and right to information.
4. What are the principles of Public Interest Litigation (PIL)?
Ans. The principles of Public Interest Litigation (PIL) are as follows: - Access to justice: PIL ensures that justice is accessible to all, including those who are socially or economically marginalized. - Public interest: The litigation should serve the larger public interest and not just the individual or private interests of the petitioner. - Protection of fundamental rights: PIL aims to protect and enforce fundamental rights guaranteed by the Constitution. - Judicial activism: Courts play an active role in protecting and promoting public interest, even in the absence of specific legislation. - Pro bono representation: Lawyers often take up PIL cases pro bono (without charging fees) to ensure access to justice for the disadvantaged.
5. What are the guidelines for admitting Public Interest Litigation (PIL)?
Ans. The guidelines for admitting Public Interest Litigation (PIL) vary in different jurisdictions, but some common principles include: - The petitioner must have a genuine concern for public interest and not have any personal or ulterior motive. - The court should be satisfied that the case raises a substantial question of public importance. - The petitioner should have sufficient interest in the matter and must not approach the court as a busybody or meddlesome interloper. - The court can dismiss frivolous or vexatious PILs that lack merit. - The court can appoint an amicus curiae (friend of the court) to assist in the proceedings and provide unbiased opinions. - The court may require the petitioner to provide adequate evidence or documentation to support their claims.
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Document Description: Laxmikanth Summary: Public Interest Litigation(PIL) for UPSC 2024 is part of Indian Polity for UPSC CSE preparation. The notes and questions for Laxmikanth Summary: Public Interest Litigation(PIL) have been prepared according to the UPSC exam syllabus. Information about Laxmikanth Summary: Public Interest Litigation(PIL) covers topics like Public Interest Litigation (PIL), Meaning of PIL, Features of PIL, Scope of PIL, Principles of PIL, Guidelines for Admitting PIL and Laxmikanth Summary: Public Interest Litigation(PIL) Example, for UPSC 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for Laxmikanth Summary: Public Interest Litigation(PIL).
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