Public Interest Litigation

PUBLIC INTEREST LITIGATION

Meaning

Interest Litigation” means legal action initiated in a court of enforcement of public interest or

general interest in which the class of community have pecuniary interest or some interest by

legal rights or liabilities are affected.

“Public law for the public or a which their

Public interest litigation is the name that has recently been given to efforts to provide legal

representation to previously unrepresented groups and interests. Such efforts have been taken in

the recognition that the ordinary market place for legal services fails to provide such services to

significant segments of the population and to significant interests. Such groups or interests

include the poor, environmentalists, consumers, racial, ethnic, minorities and others.

Characteristics of Public Interest Litigation

The true nature of PIL is that in it a selfless citizen or an organization having no personal motive

of any kind except either compassion for the weak and disabled or deep concern for stopping

serious public injury approaches the court either for

(1) Enforcement of fundamental rights of those who genuinely do not have adequate means

of access to the judicial system, or extending benefit of the statutory provisions

incorporating the directive principles of State policy to those who are denied of the same

and for the amelioration of their condition, or

(2) preventing or annulling executive and omissions violative ofc or law resulting in

substantial injury to public Interest.

The following characteristics of PIL are notable :-

 Petitions in PIL are filed on behalf of a group or class of persons.

 Petitions are on behalf of such group or class of persons, who on account of their social,

economic or other constraints cannot approach the court for any legal remedy.

 Action is initiated in PIL against irresponsible, illegal acts of Government.

 It is new concept of Jurisprudence, which is developing its own mechanisms for justice.

 It is a law proposed and propounded by Judges.

 It gives rise to such causes of action where legal damage has been caused to the public at

large or a section of it.

 public spirited person or member of an organization, who initiates public interest

litigation must have bona fide interest in social welfare, his intentions must be free from

malice and he should not start the action under the influence of extraneous

considerations.

Steps to be taken for filing a Writ Petition / PIL:

Approach a public interest lawyer or organization to file the case.

Collect necessary documents such as title deeds, proof of residence, identity proof, notice,

resettlement policy if any, and photographs of the eviction.

List names and addresses of all aggrieved parties approaching the court.

List names and addresses of government agencies from which relief is sought.

List facts giving rise to violations of Fundamental Rights.

List dates indicating the duration of stay at the site, when the eviction took place, when and if

an eviction notice was provided, and other important details related to the eviction.

Clearly mention the ‘prayers’ or the relief being sought from the court.

Importance of Public Interest Litigation

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.