Luxmikant Polity Crux Static Books Crux Notes


Public Interest Litigation


Public Interest Litigation Originated and developed in the USA in 1960.

To provide legal representation to previously unrepresented groups and interest.

Meaning of PIL ·         PIL is a product of the judicial activism role of the Supreme Court. It was introduced in 1980s.

·         PIL is a product of the judicial activism role of the Supreme Court. It was introduced in 1980s.

·         Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of PIL.

·         Also known as-

·         Social Action Litigation (SAL)

·         Social Interest Litigation (SIL)

·         Class Action Litigation (CAL).

·         Product of the Judicial Activism role of the SC.

·         Any Public- spirited citizen on a social organisation can move the court for the enforcement of the Rights of any person or Group of person etc.

·         Maintaining Rule of Law.

·         Meaningful realisation of FundamentalRights.

FEATURES OF PIL ·         reach of the people (poor masses), who constitute the

·         Low visibility area of humanity.

·         Role held by the Court is more assertive than in traditional action.

SC, 1988 formulated a guidelines ·         Bonded labour matters

·         Neglected children

·         Non-payment of minimum wages to workers

·         Petition from riot victims  harassment, burning, rape, murder, kidnapping, , Family pension etc.

Not entertained as PIL ·         Landlord–tenant matters

·         Service matters

·         Complaints against Central/ State Government.

·         Admission to medical and other educational institution.

·         Petitions for early hearing of cases

·         Pending in High Courts and Subordinate Courts

PRINCIPLES OF PIL ·         Imp. exercise in powers under Articles 32 and 226 of the Constitution.

·         Constitutionally bounded to protect the Fundamental Rights

·         Satisfied about violation of any FRs of a groups.

·         Disputes b/w Group of peoples in the realm of private law would not be allowed to agitate as a PIL.

·         Special situation may appoint commission.

SC ·         In this Context, “PIL is not a pill or a panacea for all wrongs.”

·         Protect basic Human Rights

·         HC should not entertain a writ petition by way of PIL.

History of PIL IN India •          January 1979: The Indian Express reported about the inhuman condos. In which 18 prisoners, including 6 women, were languishing in Patna and Muzuffarpur jails, as they awaited trial, at times for periods longer than they would have been senterned to, had they been convicted.

•          Kapila Hingorani, and her husband Nirmal Hingorani, adurates prisoners.

•          But back then, according to Indian law, a petition could only be filed if you were a victim or a relative.

•          The couple then hit upon the novel idea of filing a habeas corpus petition on the prisoners behalf.

Guidelines to admit PIL •          Must encourage genuine and bona fide  PIL – discourage and curb PIL filed for extraneous considerations

•          High Court formulate rules for encouraging genuine PIL.

•          Court should prima facie verify credentials of petitioner.

•          Satisfy itself substantially that public interest is involved.

•          Ensure that PIL is aimed at redressal of genuine public come and public injuries – No private motive behind a filing

•          Ensure petition filed by ulterior motive is imposed with exemplary costs to curb such further cases

Get all essential Crux notes by clicking here

Write A Comment