The Public PIL, or public interest litigation, is a type of lawsuit used to protect or enforce the public interest. An individual's or group's interest that has an impact on their legal obligations or rights is said to be in the public interest. Financial interest could be a part of it.

PIL (public interest litigation) is a sort of litigation intended to safeguard the public's interests, according to the Indian Constitution. The unique aspect of this kind of litigation is that the aggrieved party need not be the only one to file a lawsuit. In most circumstances, the parties who have been wronged do not file such claims in court. According to this law, anyone may approach the court to exercise their judicial authority, regardless of their connection to the matter. Therefore, a PIL is technically the authority that the public is granted by the court through judicial activism.

Such matters have historically been brought before the court for a variety of reasons, including the aggrieved party's lack of the means necessary to start the litigation or the legal system's encroachment on their right to move the court. Furthermore, the court itself has the right to take the case into its own hands and continue suo moto if it is not raised before the court by any petition initiated by a public-spirited person.

What is a Public Interest Litigation?

The phrase "public interest litigation" has purposefully been lifted from American legal doctrine. According to the original plan, the introduction of PILs in the USA was made with the intention of giving the underrepresented poor, minorities, and citizens who were genuinely passionate about issues of public interest, such as terrorism, road safety, environmental hazards, etc., a minimal amount of legal representation. The subject of public interest litigation by judges who could determine the public's desire has not been addressed by any specific statutes or acts.

The party who filed the PIL must establish its purpose, even though the court has granted the public this authority through judicial activism. The party must demonstrate that the PIL has an impact on the general public and that this particular case isn't just some random legal dispute brought up for personal gain or to relieve any personal angst.

There is no definition of PIL in any Indian statute. The PIL has been construed and defined by courts, nevertheless. The Hon'ble Supreme Court of India held that, lexically, the term "PIL" refers to a legal action brought in a court of law for the enforcement of public/general interest when the public or a specific class of the public has some interest (including financial interest) that affects their legal rights or liabilities in the case of Janata Dal v. H.S. Chaudhary [(AIR 1993 SC 892) (see here)].

PILs are considered to be the most effective and often utilised legal weapon to protect the environment because of their many advantages, including speedy outcomes, inexpensive court fees, lenient procedural norms, and the vast range of investigative tactics accessible to courts such as special committees.

Who can file a PIL?

Any individual or organisation may file a PIL on their own behalf, that is, to protect or uphold a right that the government owes them, or on behalf of a group within society that is marginalised or oppressed and unable to defend their own rights.

The concept of "Locus Standi" has been reluctant in the context of PILs to allow the Hon'ble Court to hear grievances filed on behalf of persons who are poor, illiterate, disadvantaged, or disabled and are unable to access the courts themselves.

To file a PIL, however, you must be acting in good faith and have a legitimate stake in the outcome of the case. Any person who approaches the Hon'ble Court for indirect purposes such as political, personal, or private benefit shall not be given consideration.

Suo moto cognizance may also be taken by the Court.

Where can a PIL be filed?

PILs are Writ Jurisdiction extensions. The Hon'ble Supreme Court of India may receive PILs pursuant to Article 32 of the Indian Constitution, or any High Court pursuant to Article 226 of the Indian Constitution.

But to the Chief Justice of India or the Chief Justice of a High Court, a straightforward letter or postcard might be sufficient.

The court may then choose to take cognisance of the letter and convert it into a Public Interest Litigation, as it did in Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh [(AIR 1989 SC 594)], where the Hon'ble Court converted a letter raising the issue of unlicensed and illegal mining in Mussoorie Hills into a writ petition under PIL.

Laws governing PIL in India

The Indian courts have developed a number of PIL-related doctrines over the years, including

The Relaxed rule of locus standi- 

Any person may file a PIL on behalf of someone else who is struggling and unable to seek justice for themselves. As a result, the usual locus standi rule has been eased in PIL cases to protect and safeguard the rights and interests of these marginalised persons.

Relaxed procedural rules-

As seen in the instance of Rural Litigation & Entitlement Kendra, Dehradun vs. State of Uttar Pradesh, courts have recognised even a letter or telegram as a PIL. In PIL petitions, the courts have further eased the rules for filings.

Intervention by the courts– 

Courts have also emphasised that a fair and reasonable trial is guaranteed by Articles 14 and 21 of the Indian Constitution as well as international human rights conventions. As a result, when numerous people experience injustice, courts must step in.

Question of maintainability- 

If the court is prima facie convinced that any constitutional rights of a vulnerable group of individuals have been modified, the Government may not be permitted to contest the maintainability of the PIL.

Principle of Res Judicata- 

The application of the res judicata principle or any principles similar to it will depend on the specific facts and circumstances of the case as well as the PIL's type.

Appointment of a Commission- 

In unique situations, a court may designate a Commission or other organisations to conduct an investigation. The Court may direct management of a public institution that the Commission takes over.

PILs regarding the constitutionality or validity of a statute or a statutory rule– Typically, a PIL should not be filed to request that the High Court consider such a matter.

Complete Justice– 

The Hon'ble Supreme Court of India has the discretionary authority, under Article 142 of the Indian Constitution, to issue any decrees or orders that may be required to provide full justice. High courts do not, however, have the same authority as that given to the Hon'ble Supreme Court under Article 142, notwithstanding the fact that they may issue orders to carry out full justice.

Misuse of PILs–  

Courts take great care to prevent PILs from being abused since doing so would negate the entire reason they were created, which was to help the poor and the oppressed. This fact has been emphasised by the courts numerous times, most notably in the case of Kushum Lata v. Union of India [(2006) 6 SCC 180] (see here). However, courts have ruled that even if the petitioner had come before the court to address his own private interests as a result of personal grievances, the court may still deem it necessary to learn more about the dispute and its current state in order to advance the public interest.

Formulation of various concepts– 

In environmental law disputes, courts have adopted a number of concepts, including the Polluter Pay Principle, the Precautionary Principle, and Sustainable Development.

What are some essentials of drafting a PIL?

Some of the crucial actions that must be taken when creating a PIL are the ones listed below:

Collection of information– Gathering all pertinent data about the problem would be the initial stage in crafting a PIL.

Collation of documents– A compilation of all relevant documents, including any images, is required.

The court in which it is to be filed–  In order to file the PIL, the petitioner must choose whether to do so before the state's High Court or the Hon'ble Supreme Court.

Form of the PIL–  PILs might take the shape of petitions, letters, or even postcards. The letter or postcard needs to be written to the Chief Justice of India if the PIL is going before the Hon'ble Supreme Court of India. If the PIL is to be filed at that High Court, the letter or postcard needs to be addressed to the Chief Justice of that court.

Public Litigation Guidelines– 

• When formulating a PIL, one must take into consideration the Public Litigation Guidelines that are relevant to the specific court where the PIL is intended to be filed. Similar information is typically accessible on the websites of the relevant courts.
   
• Details to be clearly stated–  The following details must be clearly stated:
   
• Name, postal address, email, phone number, occupation, yearly income, and PAN number of the petitioner.
   
• The petitioner's identification must be supported by an addendum.
   
• The case's facts
   
• The nature of the harm.
   
• Any individual interests he, she, or it may have.
   
• Information on any legal disputes the petitioner has been involved in that might be related to the topic of the PIL.
   
• The group of people whose interests the PIL is being filed on behalf of and how they are unable to approach the courts on their own.
   
• If any inquiries about the matter have been made to any authorities, please provide specifics.
   
• Any individual, group, or institution that the PIL may affect must participate as a party.
   
• The petitioner must also certify that they are able to cover any charges the court may impose if any.
   
• Appearance in court- The Petitioner may choose to attend in person or select an advocate.
   

What is the procedure for filing a PIL?

A writ petition and a PIL can both be filed.

Guidelines for Public Interest Litigation (PIL) are posted on the website of the Hon. Supreme Court of India (see here). It states, among other things, that certain letter petitions that fall under specific categories alone will typically be treated as PILs, such as petitions concerning environmental pollution, disruption of ecological balance, drugs, food adulteration, preservation of heritage and culture, antiques, forest and wildlife, and other matters of public importance.

Conclusion

A PIL is a crucial legal weapon, particularly for the defence of the rights of individuals unable to personally approach the courts. They are one of the types of litigation that are most frequently utilised, particularly in environmental disputes. In an effort to prevent people from filing PILs in the public interest or on behalf of the underprivileged, disabled, or poor, the courts have made an effort to simplify the rules governing PILs. However, there have been a number of instances where individuals have attempted to use PILs to advance their own personal objectives. Therefore, in order to prevent the abuse of PILs, courts must continue to exercise utmost caution.