{"id":56260,"date":"2023-05-04T16:56:39","date_gmt":"2023-05-04T11:26:39","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=56260"},"modified":"2023-07-15T14:17:41","modified_gmt":"2023-07-15T08:47:41","slug":"in-what-conditions-the-public-interest-litigation-can-be-filed-through","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/","title":{"rendered":"In What Conditions The Public Interest Litigation Can Be Filed Through?"},"content":{"rendered":"\n<p>Public Interest Litigation,\ncommonly known as PIL, is a powerful weapon for the citizens of India to assert\ntheir fundamental rights and hold the government, public bodies, and\nauthorities accountable. The idea of facilitating PILs aimed at the betterment\nand welfare of society through the judiciary was born in 1980 as a means of\nachieving social justice. A PIL is a mechanism by which the common man can\napproach the court on behalf of himself and society at large. It is a means to\nkeep a check on the arbitrary actions of the government, public bodies, and\nauthorities, and to ensure that justice is delivered in favour of the common\nman.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Public_Interest_Litigation\" >Public\nInterest Litigation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Conditions_must_be_met_before_filing_a_PIL\" >Conditions\nmust be met before filing a PIL<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Provisions_and_Acts_Included\" >Provisions and Acts Included<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Conditions_for_Filing_Public_Interest_Litigation_and_Explanation\" >Conditions for Filing Public\nInterest Litigation and Explanation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Landmark_Case_Laws\" >Landmark\nCase Laws<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/corpbiz.io\/learning\/in-what-conditions-the-public-interest-litigation-can-be-filed-through\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Public_Interest_Litigation\"><\/span>Public\nInterest Litigation<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>PIL\nwas originally introduced in India as a means of enabling access to justice for\nthose who could not afford it and who would otherwise be unable to avail\nthemselves of legal recourse. The idea was to use the courts as the last resort\nfor the resolution of disputes that had a significant impact on the public\ninterest. The courts had already recognised the principle of locus standi,\nwhich means that only those individuals or legal entities that had a direct\ninterest in a case could bring a suit or legal action in court. However, this\nsystem was found to be restrictive and did not serve the purpose of ensuring\naccess to justice for all.<\/p>\n\n\n\n<p>The\nPIL was introduced as a means of removing these restrictions and enabling the\npublic to approach the courts for legal remedies against illegal, unjustified,\nor unconstitutional actions. The basis of a PIL is to bring to the attention of\nthe courts any matter that affects the public interest, and it is not necessary\nthat the person filing the PIL has any direct or personal interest in the\nmatter. A PIL can be filed not only to address civil wrongs but also\nconstitutional rights.<\/p>\n\n\n\n<p>The\nconditions for filing a PIL in India are not clearly laid down in the\nConstitution, but the Supreme Court has, by its judgements, laid down the rules\nand conditions for the same.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conditions_must_be_met_before_filing_a_PIL\"><\/span>Conditions\nmust be met before filing a PIL<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul>\n<li><strong>Issues of Public Interest<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\npetition must relate to an issue of public interest, which should not be\nlimited to the welfare of a particular individual, but rather, the broader\ninterests of the society at large. The issue in question should have a direct\nimpact on society or a section of society, and not just on an individual.<\/p>\n\n\n\n<ul>\n<li><strong>Violation of a Legal Right or a Constitutional Provision<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\npetition should highlight the violation of a legal right or constitutional\nprovision. A petition that merely raises a question of fact or seeks an\ninvestigation without clarifying how the issue is of public interest is liable\nto be rejected.<\/p>\n\n\n\n<ul>\n<li><strong>Public Interest v. Private Agendas<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\npetitioner should demonstrate that the PIL is filed in the public interest, and\nnot to serve any private agenda or to settle personal scores. The courts have\nbeen known to take a strict view of the matter and have even imposed heavy\ncosts on petitioners known to have filed PILs with malicious intent.<\/p>\n\n\n\n<ul>\n<li><strong>Locus Standi<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\npetitioner should be a person or an entity in whose interest the PIL is filed.\nThis means that the person filing the PIL should have a sufficient stake in the\nmatter and should be affected by the issue in question in some way.<\/p>\n\n\n\n<ul>\n<li><strong>No Alternative Remedy<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\npetitioner should demonstrate that there is no other effective or alternative\nlegal remedy available to him or her, and that the issue cannot be resolved\nthrough any other means.<\/p>\n\n\n\n<p>In\nview of the above conditions, it becomes quite clear that the success of PILs\nin India depends heavily on the merits of the case and the sincerity of the\npetitioner. PILs are meant to bring about social welfare, and they should not\nbe misused for personal gain or to seek publicity. Over the years, however, we\nhave seen many instances where PILs have been misused and filed for trivial and\ninsignificant reasons, which has often led to the judiciary being burdened and\nits reputation being tarnished.<\/p>\n\n\n\n<p>PILs\nhave also been successful in bringing about positive reforms in various areas.\nFor example, PILs have played a crucial role in protecting the rights of the\nweaker sections of society, especially the disadvantaged and marginalised. PILs\nhave been used to address issues related to environmental degradation, child\nlabour, and women&#8217;s rights. PILs have been instrumental in identifying and\nrectifying the shortcomings of the Indian judicial system itself, such as\njudicial delays and judicial inefficiency.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Provisions_and_Acts_Included\"><\/span>Provisions and Acts Included<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Public\ninterest litigation (PIL) is an important tool of the Indian legal system,\nwhich has been developed to ensure the protection of the rights of the public\nat large. This legal mechanism has been put in place to enable Indian citizens\nto bring legal action against the government, public officials, and other\nentities that have violated their rights or interests. The legal system in\nIndia provides various provisions and Acts for filing public interest\nlitigation.<\/p>\n\n\n\n<ul>\n<li><strong>The Constitution of India<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nIndian Constitution provides various provisions that enable citizens to file\npublic interest litigation, primarily under Part III of the Constitution, which\nis dedicated entirely to Fundamental Rights. This part of the constitution was\nincluded to ensure that the citizens are provided with certain basic rights\nthat the government is obligated to protect. Some of the fundamental rights\nthat citizens can use to file PILs include the right to life and personal\nliberty, the right to equality and equal protection of laws, and the right to\nfreedom of speech and expression.<\/p>\n\n\n\n<ul>\n<li><strong>The Code of Civil Procedure, 1908<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The Code of Civil Procedure, 1908 (CPC) has given a significant role to Public Interest Litigation. The mechanism of filing <strong><a href=\"https:\/\/corpbiz.io\/online-public-interest-litigation\">Public Interest Litigation<\/a><\/strong> under the CPC is known as \u201crepresentative suits.\u201d According to Section 12 of the CPC, any person can file a suit on behalf of others as well as for the benefit of others. The representative party must have a direct interest in the suit, and the accounts of the parties must be actively different. In cases where the suit application is frivolous, vexatious, or where the object of the suit is unlawful, the court may not permit the suit to proceed. The court also has the power to permit the withdrawal of the suit if it is not in the public interest to proceed with it.<\/p>\n\n\n\n<ul>\n<li><strong>The Public Interest Litigation Techniques Act, 1986<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nPublic Interest Litigation Techniques Act, of 1986 was enacted to make PILs\nmore extensive and more effective in India. According to this Act, a person who\nis not the party to the proceedings can express any opinion, intervene or\nparticipate in the proceedings. The Act also limits the expenses and fees that\ncan be incurred in public interest litigation. This provision was included to\nensure that the cost of litigation in public interest cases does not become a\nbarrier for any individual or group seeking justice.<\/p>\n\n\n\n<ul>\n<li><strong>The Legal Services Authorities Act, 1987<\/strong><\/li>\n<\/ul>\n\n\n\n<p><strong>The Legal Services\nAuthorities Act, of 1987<\/strong><sup><a href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/19023\/1\/legal_service_authorities_act%2C_1987.pdf\"><strong>[1]<\/strong><\/a><\/sup> is\nanother important legislation governing the filing of PILs in India. It\nprovides for the establishment of Legal Aid Committees to extend free legal aid\nto the weaker sections of society, including women, children, and those that\nbelong to the marginalized sections of society. The object of this legislation\nis to ensure that public interest cases are not restricted to only those who\ncan afford to pay for legal representation, but also to those who cannot.<\/p>\n\n\n\n<ul>\n<li><strong>The Indian Environmental Laws<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nIndian Environmental Laws, including the Water (Prevention and Control of\nPollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and\nthe Environment (Protection) Act, 1986 provide for various provisions that\nenable citizens to file PILs against violators of environmental laws. These\nacts further provide for penalties and fines for individuals and companies that\nviolate environmental laws.<\/p>\n\n\n\n<ul>\n<li><strong>The Consumer Protection Act, 1986<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nConsumer Protection Act, of 1986 also provides for the filing of public\ninterest litigation. This Act empowers consumers to file PILs against companies\nor individuals who sell goods or services that are defective or unsafe. The Act\nprovides for a penalty for violators and further enables consumers to receive\ncompensation for damages suffered as a result of defective goods or services.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conditions_for_Filing_Public_Interest_Litigation_and_Explanation\"><\/span>Conditions for Filing Public\nInterest Litigation and Explanation<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<figure class=\"wp-block-table table table-bordered\"><table><thead><tr><td>\n   <strong>&nbsp;<\/strong>\n   <strong>Conditions\n   for filing Public Interest Litigation (PIL)<\/strong>\n   <\/td><td>\n   <strong>Explanation<\/strong>\n   <\/td><\/tr><\/thead><tbody><tr><td>\n  &nbsp;\n  Violation\n  of Fundamental Rights\n  <\/td><td>\n  PIL\n  can be filed when there is a violation of fundamental rights guaranteed under\n  the Indian Constitution.\n  <\/td><\/tr><tr><td>\n  Environmental\n  Protection\n  <\/td><td>\n  PIL\n  can be filed to protect the environment and prevent damage to natural\n  resources.\n  <\/td><\/tr><tr><td>\n  Consumer\n  Protection\n  <\/td><td>\n  PIL\n  can be filed to protect the rights and interests of consumers.\n  <\/td><\/tr><tr><td>\n  Government\n  Accountability\n  <\/td><td>\n  PIL\n  can be filed when the government engages in corrupt practices, mismanagement\n  of public funds, or failing to perform its duty.\n  <\/td><\/tr><tr><td>\n  Public\n  Health and Safety\n  <\/td><td>\n  PIL\n  can be filed to safeguard the health and safety of the public, including\n  issues related to sanitation, clean water, and access to healthcare.\n  <\/td><\/tr><tr><td>\n  Education\n  <\/td><td>\n  PIL\n  can be filed to ensure access to quality education and prevent discrimination\n  in educational institutions.\n  <\/td><\/tr><tr><td>\n  Women&#8217;s\n  Rights\n  <\/td><td>\n  PIL\n  can be filed to protect and promote the rights of women, including issues\n  related to gender-based violence and discrimination.\n  <\/td><\/tr><tr><td>\n  Child\n  Rights\n  <\/td><td>\n  PIL\n  can be filed to protect and promote the rights of children, including issues\n  related to child abuse, child labour, and child trafficking.\n  <\/td><\/tr><tr><td>\n  Minority\n  Rights\n  <\/td><td>\n  PIL\n  can be filed to protect and promote the rights of minorities, including\n  issues related to discrimination and persecution.\n  <\/td><\/tr><tr><td>\n  Labour\n  Rights\n  <\/td><td>\n  PIL\n  can be filed to protect and promote the rights of workers, including issues\n  related to fair wages, workplace safety, and employment discrimination.\n  <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Landmark_Case_Laws\"><\/span>Landmark\nCase Laws<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul>\n<li><strong>Fertilizer Corporation Kamgar Union v. Union of India (1981)<\/strong><\/li>\n<\/ul>\n\n\n\n<p>In\nthe case of Fertilizer Corporation Kamgar Union v. Union of India (1981), the\nSupreme Court of India established the validity of PIL. In this case, the\npetitioner was the union of workers of the Fertilizer Corporation of India.\nThey filed a PIL against the government for not taking adequate measures to\nprevent pollution caused by the fertilizer plant. The Supreme Court held that\nthe petitioner had the right to approach the court under Article 32 of the\nIndian Constitution and that the issue raised was of public interest.<\/p>\n\n\n\n<ul>\n<li><strong>S. P. Gupta v. Union of India (1981)<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nSupreme Court of India has also clarified that PIL is not meant to replace or\nsubstitute existing legal procedures. In the case of S. P. Gupta v. Union of\nIndia (1981), the Supreme Court emphasized that PIL should not be used as a\nsubstitute for normal legal proceedings. PIL should be used only when existing\nlegal procedures are not sufficient to address the issue raised. Moreover, the\ncourt ruled that PIL should not be used for personal or political gain.<\/p>\n\n\n\n<ul>\n<li><strong>Bandhua Mukti Morcha v. Union of India (1984)<\/strong><\/li>\n<\/ul>\n\n\n\n<p>In\nthe case of Bandhua Mukti Morcha v. Union of India (1984), the Supreme Court\nemphasized the scope of PIL. In this case, the petitioner was an organization\nworking for the elimination of bonded labour. They filed a PIL against the\ngovernment for not taking adequate measures to eliminate bonded labour. The\nSupreme Court held that PIL can be filed by any person or organization seeking\nto protect the public interest. Moreover, the court ruled that the concept of\n\u201clocus standi\u201d should be relaxed for PIL.<\/p>\n\n\n\n<ul>\n<li><strong>Centre for Public Interest Litigation v. Union of India (2002)<\/strong><\/li>\n<\/ul>\n\n\n\n<p>The\nSupreme Court of India has also clarified that PIL should not be used to settle\nprivate disputes. In the case of Centre for Public Interest Litigation v. Union\nof India (2002), the Supreme Court held that PIL should not be used to settle\nprivate disputes or personal grievances. The petitioner in this case had filed\na PIL against the government on the grounds of an alleged scam in the purchase\nof coffins for the Indian army. The court ruled that the petitioner did not\nhave locus standi as the issue raised was not of public interest.<\/p>\n\n\n\n<ul>\n<li><strong>Rural Litigation and Entitlement Kendra v. State of U.P. (1985)<\/strong><\/li>\n<\/ul>\n\n\n\n<p>In\nthe case of Rural Litigation and Entitlement Kendra v. State of U.P. (1985),\nthe Supreme Court highlighted the importance of PIL in protecting the\nenvironment. The petitioner in this case was an organization working for the\nrights of the poor and the environment. They filed a PIL against a mining\ncompany for causing environmental damage. The court ruled that the issue raised\nwas of public interest, and the petitioner had the right to approach the court.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>In conclusion, PILs represent a significant development in India&#8217;s legal system, and the tool has shown great potential in realising social justice and achieving the welfare of the public, which is the main purpose behind it. However, it is also imperative that the power of the PIL is not abused and that only cases that meet the prescribed conditions and merit are allowed to be filed. It is a powerful tool in the hands of the public to raise public issues that have not been addressed by the government or other legal mechanisms. To file a PIL, the petitioner must fulfil certain conditions, such as locus standi, genuine evidence, and public interest. Thus, with more people becoming aware of this powerful tool, there is a need for maintaining its sanctity to ensure that PILs continue to deliver on their promise of social justice and fulfil the vision of an equal and just society.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read Our Article<\/b>: <mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/origin-and-meaning-of-public-interest-litigation-in-india\/\">Origin And Meaning Of Public Interest Litigation In India<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Public Interest Litigation, commonly known as PIL, is a powerful weapon for the citizens of India to assert their fundamental rights and hold the government, public bodies, and authorities accountable. The idea of facilitating PILs aimed at the betterment and welfare of society through the judiciary was born in 1980 as a means of achieving [&hellip;]<\/p>\n","protected":false},"author":76,"featured_media":56261,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[272],"tags":[442],"acf":{"service_id":"220"},"authorName":"Anju S Nair","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/04\/MicrosoftTeams-image-35.jpg","authorDescription":"Anju S Nair is a final year law student at Al-Azhar Law College, Kerala. She was post graduated in English Language and Literature from Mahatma Gandhi University. She was awarded the Certificate of Achievement in Women's Leadership from Career Development College in London. She worked as a research intern at the All India Human Rights Association (AIHRA) and as a legal intern at the Chambers of Senior Advocate Pradeep Rai, Vice President of the Supreme Court Bar Association. She is a hardworking and dedicated person whose area of interest lies in corporate law.","postViews":6542,"readingTime":8,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56260"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/76"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=56260"}],"version-history":[{"count":3,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56260\/revisions"}],"predecessor-version":[{"id":58828,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/56260\/revisions\/58828"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/56261"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=56260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=56260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=56260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}