PIL Full Form: What Is Public Interest Litigation?

PIL Full Form
The Full form of PIL is Public Interest Litigation. India’s Judicial

system allows any individual or group of people to initiate litigation
by merely addressing a letter to a judge. PIL can be directly filled in
the Supreme Court of India and High Courts of India for matters
related to public interest like road safety, polluted environments,
constructional hazards etc. The need for PIL arises when it was felt
that the public interests are undermined by the government and in
such a situation, the court directly accepts the public good. The
principles of public interest litigation (PIL) are enshrined in Article 39
A of the Indian Constitution.
What is public interest litigation?

Public interest litigation is the use of the law to advance human
rights and equality, or raise issues of broad public concern. It helps
advance the cause of minority or disadvantaged groups or
individuals.
Public interest cases may arise from both public and private law
matters. Public law concerns the various rules and regulations that
govern the exercise of power by public bodies. Private law concerns
those cases in which a public body is not involved, and can be found
in areas such as employment law or family law. Public interest
litigation is most commonly used to challenge the decisions of public
authorities by judicial review. Judicial review is a form of court
proceeding in which a judge reviews the lawfulness of a decision or
action, or a failure to act, by a public body. Judicial review is
concerned with whether the law has been correctly applied, and the
right procedures have been followed. For more information on
judicial review and how to bring a judicial review challenge, see our
guide here.
The value of public interest litigation
Public interest litigation can:

 Clarify the law.
 Hold public bodies to account by ensuring that they make

appropriate decisions, act fairly and transparently and within
the remit of their powers.
 Help develop the law by giving judges the opportunity to

interpret legislation.
 Give vulnerable people a voice by highlighting an important

issue and providing a platform for advocating for their rights.
 Raise awareness of important issues encouraging public debate

and media coverage.
Concept of PIL
According to the jurisprudence of Article 32 of the Constitution of India, The

right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this part is guaranteed. Ordinarily, only
the aggrieved party has the right to seek redress under Article 32.
In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated the

concept of PIL as follows, Where a legal wrong or a legal injury is caused to a
person or to a determinate class of persons by reason of violation of any
constitutional or legal right or any burden is imposed in contravention of any
constitutional or legal provision or without authority of law or any such legal
wrong or legal injury or illegal burden is threatened and such person or
determinate class of persons by reasons of poverty, helplessness or disability
or socially or economically disadvantaged position unable to approach the
court for relief, any member of public can maintain an application for an
appropriate direction, order or writ in the High Court under Article 226 and in
case any breach of fundamental rights of such persons or determinate class of
persons, in this court under Article 32 seeking judicial redress for the legal
wrong or legal injury caused to such person or determinate class of persons.
The rule of locus standi have been relaxed and a person acting bonafide and
having sufficient interest in the proceeding of Public Interest Litigation will
alone have a locus standi and can approach the court to wipe out violation of
fundamental rights and genuine infraction of statutory provisions, but not for
personal gain or private profit or political motive or any oblique consideration.
The Supreme Court in Indian Banks' Association, Bombay and ors v. M/s
Devkala Consultancy Service and Ors., held that In an appropriate case, where
the petitioner might have moved a court in her private interest and for
redressal of the personal grievance, the court in furtherance of Public Interest
may treat it a necessity to enquire into the state of affairs of the subject of
litigation in the interest of justice. Thus a private interest case can also be
treated as public interest case.
In Guruvayur Devaswom Managing Commit. And Anr. v. C.K. Rajan and Ors,
the Supreme Court held, The Courts exercising their power of judicial review
found to its dismay that the poorest of the poor, depraved, the illiterate, the
urban and rural unorganized labour sector, women, children, handicapped by
'ignorance, indigence and illiteracy' and other down trodden have either no
access to justice or had been denied justice. A new branch of proceedings
known as 'Social Interest Litigation' or 'Public Interest Litigation' was evolved
with a view to render complete justice to the aforementioned classes of
persona. It expanded its wings in course of time. The Courts in pro bono
publico granted relief to the inmates of the prisons, provided legal aid, directed
speedy trial, maintenance of human dignity and covered several other areas.
Representative actions, pro bono publico and test litigations were entertained
in keeping with the current accent on justice to the common man and a
necessary disincentive to those who wish to by pass the, real issues on the
merits by suspect reliance on peripheral procedural shortcomings… Pro bono
publico constituted a significant state in the present day judicial system.
They, however, provided the dockets with much greater responsibility for
rendering the concept of justice available to the disadvantaged sections of the
society. Public interest litigation has come to stay and its necessity cannot be
overemphasized. The courts evolved a jurisprudence of compassion.
Procedural propriety was to move over giving place to substantive concerns of
the deprivation of rights. The rule of locus standi was diluted. The Court in
place of disinterested and dispassionate adjudicator became active participant
in the dispensation of justice.

PIL Full Form: What Is Public Interest Litigation?

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PIL Full Form

The Full form of PIL is Public Interest Litigation. India’s Judicial

What is public interest litigation?

Public interest litigation can:

 Hold public bodies to account by ensuring that they make

 Help develop the law by giving judges the opportunity to

 Give vulnerable people a voice by highlighting an important

 Raise awareness of important issues encouraging public debate

According to the jurisprudence of Article 32 of the Constitution of India, The

In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated the

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