Public Interest Litigation in India: Who Can File, How, and What Courts Will Entertain

What is a PIL?

Public Interest Litigation (PIL) is a legal action initiated in a court of law for the enforcement of public interest or general interest, where the violation of the constitution or laws affects the public at large. The distinguishing feature is the relaxed locus standi — anyone acting in good faith can approach the court on behalf of those unable to access justice.

Origin of PIL in India

PIL developed in India in the late 1970s through the judicial activism of Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. Landmark early cases include:

• Hussainara Khatoon v. State of Bihar (1979): Addressed the plight of undertrial prisoners — a letter was treated as a writ petition
• S.P. Gupta v. Union of India (1981): Justice Bhagwati articulated the broad PIL standing rules
• M.C. Mehta v. Union of India: Series of environmental PILs that led to landmark pollution control orders

Who Can File a PIL?

Any person acting in public interest can file a PIL. Courts have even treated:

• Letters addressed to judges
• Newspaper articles
• Postcards from prisoners

However, courts are now more cautious — they insist that the petitioner must have a genuine public interest concern, not a personal grudge or political motivation.

Before Which Court?

• Supreme Court under Article 32 — for enforcement of fundamental rights
• High Courts under Article 226 — both fundamental rights and other legal rights

What Matters Are Entertained?

Courts have entertained PILs on:

• Environmental pollution and industrial hazards
• Rights of prisoners and undertrials
• Child labour and bonded labour
• Corruption in public offices
• Custodial deaths and torture
• Housing and displacement of the poor
• Functioning of public institutions

What Courts Do NOT Entertain

The Supreme Court has, over time, tightened PIL standards:

• PILs that are essentially private disputes dressed as public interest matters
• PILs filed to harass individuals or stall corporate projects
• PILs seeking to interfere with policy decisions within the competence of the executive
• PILs on matters relating to service disputes of individuals
• PILs filed as proxy litigation for competitors

The PIL Procedure

1. Draft a writ petition addressing the court with the public interest concern
2. File under Article 32 (Supreme Court) or Article 226 (High Court)
3. No court fees in many cases (or nominal fees)
4. The court may suo motu issue notice to the respondent or appoint an amicus curiae
5. The court monitors compliance with its orders through a continuing mandamus

Costs for Frivolous PILs

To discourage misuse, courts now impose exemplary costs on PILs found to be frivolous, motivated by malice, or filed to settle personal scores.

Conclusion

PIL has been one of the most significant developments in Indian constitutional jurisprudence — democratising access to justice and empowering courts to address systemic failures of governance. At the same time, the courts have progressively imposed safeguards against its misuse.