What is the procedure to file PIL in India?

Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:

In the SC under Article 32

In the High Courts under Article 226

The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress. The court can also take action on the basis of newspaper reports if it is satisfied with the case.

History of Public Interest Litigation (PIL) in India

In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from Patna’s jails in the famous ‘Hussainara Khatoon’ case. Hingorani was a lawyer. This case was filed in the SC before a Bench led by Justice P N Bhagwati. Hingorani is called the ‘Mother of PILs’ as a result of this successful case. The court permitted Hingorani to pursue a case in which she had no personal locus standi making PILs a permanent fixture in Indian jurisprudence.

Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated. He did not insist on the observance of procedural technicalities and even treated ordinary letters from public-minded individuals as writ petitions. Justice Bhagwati and Justice V R Krishna Iyer were among the first judges in the country to admit PILs.

Significance of Public Interest Litigation (PIL) in India

The original purpose of PILs has been to make justice accessible to the poor and the marginalized.

It is an important tool to make human rights reach those who have been denied rights.

It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have the means to do so.

It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.

It is an important tool in judicial review.

Criticism of Public Interest Litigation (PIL) in India

Off late, PILs have become a tool for publicity. People file frivolous petitions which result in the wastage of time of the courts. People have used them with a political agenda as well. They unnecessarily burden the judiciary. Even if the petition is eventually dismissed, the courts spend time and effort on them before dismissing them.

At present, only judges have the power to dismiss a petition. The Registry of the SC or HC only ensures that the technical requirements of filing a petition are fulfilled. As a result of which petitions are admitted to the court irrespective of the merits of the case.

Way Forward with Public Interest Litigation

The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives.

The PIL activists should be responsible and accountable.

The court must be careful to see that the petitioner must be acting bona fide and not for personal gain.

In shaping the relief the court must take into account its impact on those public interests.

Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it should not be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints.

Current Affairs related to PIL in India

Various news keeps on revolving PIL in India as it is one of the most accessible public instruments that can be used to seek judicial action. Check the latest news related to PIL below:

PIL was moved to quash the PM CARES fund

Public Interest Litigation has been filed in the Supreme Court of India seeking directions to the Government of India to make arrangements in order to rescue and bring the Indian Migrants stranded in Gulf Countries