Public Interest Litigation (PIL)

Definition

Litigation filed to protect a public interest or the rights of a disadvantaged group, in which the rule that only an aggrieved person can approach the court (locus standi) is relaxed.

Key points

• Developed by the Supreme Court from the late 1970s and early 1980s, associated with Justices P. N. Bhagwati and V. R. Krishna Iyer.
• Any public-spirited person can move the court under Article 32 (Supreme Court) or Article 226 (High Court) on behalf of those unable to do so.
• Even a letter or postcard has been treated as a writ petition (epistolary jurisdiction).
• Has expanded rights in areas such as bonded labour, prison reform, the environment and the right to a clean environment under Article 21.
• Courts discourage frivolous or "publicity interest" litigation and may impose costs to prevent misuse.

Why it matters for CAPF

PIL is the main vehicle through which the security-versus-human-rights and welfare dimensions reach the courts; the relaxed locus standi and the Article 32 or 226 route are standard facts.

Common confusion

PIL relaxes locus standi but is still ordinary concept judicial review in form; it is not a separate court or a fourth tier of appeal.

Parent note

judiciary