CONSTITUTION

A PROJECT REPORT ON
PUBLIC INTEREST LITIGATION

___________________________________________________________________________
Gaurav Kumar Singh
V Semester
201238

CONSTITUTION
CONTENTS:
Abbreviation ............................................................................................................................. 3
ACKNOWLEDGEMENT ........................................................................................................ 4
Chapterisation ........................................................................................................................... 5
INTRODUCTION ..................................................................................................................... 6
PUBLIC INTEREST LITIGATION IN INDIA ..................................................................... 6
Where A Pil Can Be Filed: ....................................................................................................... 7
Against Whom Public Interest Litigation Can Be Filed? ...................................................... 8
Procedure: .................................................................................................................................. 9
Misuse Of Pil: .......................................................................................................................... 10
Criticism Of Pil: ...................................................................................................................... 12
A Letter Can Also Be Treated As Pil: ................................................................................... 13
Conclusion: .............................................................................................................................. 15

CONSTITUTION
Abbreviation
AIR

All India Reporters

A.P

Andhra Pradesh

Cr

Criminal

Cr. L J

Criminal Law Journal

Del

Delhi

Emperor

EU

European Union

ILR

Indian Law Report

Ors

Others

Pat

Patna

M.P

Madhya Pradesh

SC

Supreme Court

SCC

Supreme Court Cases

Versus

CONSTITUTION
ACKNOWLEDGEMENT
I would like to thank all the teaching and non teaching staff members of the University for their
Kind Support and valuable suggestions in my draft.
I would like to thank specially Subhakar Reddy Sir who was every time there with a helping
hand for the completion of my draft.
At last I would not forget to thank my friends who acted like a motivation which helped me to
sit for long hours for completion of my draft.

CONSTITUTION
Chapterisation
This paper discusses about the evolvement of Public Interest Litigation in India. Importance of
PIL cant be ignored in this fast growing era. I have also tried to explain the jurisprudence
involve behind PIL. To begin with our constructive regarding the same, I would like to divide the
whole research paper into V chapters.
This project is totally a doctrinal research methodology i.e. material is taken from many sources
like books, journal and another means of sources. Many cases are collected from the online
journal and the judgements are from the sites of many concerning courts, it include leading
Provisions, leading Text Books, Case laws, Articles, Rulings of different tribunals and other
subordinate courts. Even opinion of renowned authors is cited too in a proper manner.
Chapter I of this paper is an introductory summary to explain the term PIL.

Who can file a PIL?

Where a PIL can e filed?

When a PIL can be filed?

Against whom it can be filed?

Chapter II proper procedure of filing a PIL in various courts.

Chapter III discusses cases dealing with PIL.
Chapter IV discusses the criticisms of PIL.
Chapter V consists of Conclusion and Suggestion.

CONSTITUTION
INTRODUCTION
PUBLIC INTEREST LITIGATION IN INDIA
Public Interest Litigation famously known as PIL can be extensively characterized as litigation in
the interest of that undefined substance: the public all in all. Before 1980s, just the bothered party
could by and by thump the entryways of equity and look for solution for his grievance and some
other individual who was not generally influenced couldn't thump the entryways of equity as an
issue for the exploited person or the abused party. As it were, just the influenced gatherings had
the locus standi (standing needed in law) to document a case and proceed with the litigation and
the non influenced persons had no locus standi to doso. In any case, this whole situation steadily
changed when the post crisis Supreme Court handled the issue of access to equity by individuals
through radical changes and modifications made inthe prerequisites of locus standi and of
gathering abused. Equity V. R. N.bhagwati perceived the likelihood of giving access to equity to
the poor and the abused individuals by unwinding the guidelines of standing. In the post-crisis
period when the political circumstances had changed, investigative reporting additionally started
to uncover violent scenes of administrative wilderness, restraint, custodial brutality, drawing
consideration of legal advisors, judges, and social activists.1 PIL rose as an issue of a casual
nexus of genius dynamic judges, media persons and social activists. This pattern shows starke
contrast between the conventional equity conveyance framework and the present day casual
equity framework where the legal is performing authoritative legal part. PIL is important
dismissal of free enterprise thoughts of conventional law. The initially reported instance of PIL
in 1979 concentrated on the cruel states of penitentiaries and under trial detainees. Condition of
Bihar , the PIL was recorded by a supporter on the premise of the news thing distributed in the
Indian Express, highlighting the predicament of a large number of under trial detainees grieving
in different penitentiaries in Bihar. These undertaking prompted the arrival of more than 40,000
under trial detainees. Right to expedient equity rose as an issue basic right which had been
denied to these detainees. The same set example was embraced in resulting cases

http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=a4a599a3-ee92-41da-aa0bb4201b77a8bd&txtsearch=Subject:%20Jurisprudence last visited on 24 th september

CONSTITUTION
In the expressions of some scholarly individuals we can say that public interest litigation in a
litigation which can be record in any court of law by any public lively individual for the
assurance of "public interest." Now an inquiry comes in the brain that "what in public interest?"
so answer is 'any represent the profit of public will be public interest.' and those demonstration
are, for example, contamination, Terrorism, Road security, constructional risks and so forth in all
these exercises we can plainly see the public interest. As it is said that this appeal can record any
public vivacious individual so its imply that there ought not be interest of just himself. There in
word just says that in can be conceivable that in that represent what he is recording a PIL there in
a little piece of his advantage likewise conceal But its not imply that he can't document. In the
event that is in interest of public then he can record public interest litigation.2

Public interest litigation is not characterized in any statute or any demonstration. It has been
translated by judge to consider the plan of public on the loose. This is much the same as a writ
appeal which is document in high court or incomparable court under article 226 for high court
and article 32 for preeminent court. At the point when public interest in influencing everywhere
then this can be documented however love on stand out individual is not a ground for recording
this request. There are a few different range where a public interest litigation can be documented.

Violation of basic human rights of the poor.

Content or conduct of government policy.

Compel municipal authorities to perform a public duty.

Violation of religious rights or other basic fundamental rights.

Where A Pil Can Be Filed3:

Public interest litigation is not characterized in any statute or any demonstration. It has been
translated by judge to consider the expectation of public on the loose. This is much the same as a
writ appeal which is record in high court or incomparable court under article 226 for high court
and article 32 for preeminent court. At the point when public interest in influencing everywhere
2
3

http://supremecourtofindia.nic.in/circular/guidelines/pilguidelines.pdf
http://www.legalserviceindia.com/articles/pil.html

CONSTITUTION
then this can be recorded yet love on one and only individual is not a ground for documenting
this request. There are a few different zone where a public interest litigation can be recorded. If a
large section of people is affected whether by State Government or Central Government,
PUBLIC INTEREST LITIGATION can be filed in Supreme Court For e.g. placing a ban on
adult movies, prohibition industrial unit from causing pollution etc.4
So we can say that both of the court have power to entertain the public interest litigation.

Against Whom Public Interest Litigation Can Be Filed?

Now this is a curious part of PIL that if any public spirited person wants to file PIL in court of
law but the question is where? So the answer is this that any public spirited person can file any
PIL but only against the state govt./ central govt. or any municipality authority but against to the
any private party but it doesn't mean that private party does not comes under the sphere of PIL. A
private party also can be tried by the PIL by acting a role of respondent after making concern by
the state authorities.

For example- If there is a Private factory in Delhi, which is causing pollution, then people living
nearly, or any other person can file a PUBLIC INTEREST LITIGATION against:

Government of Delhi

State Pollution Control Board, and

Also against the private factory

But public interest litigation can not file against only private party without concerning state govt.
or central govt. as in the above case this case was against the union of India not to that
corporation whose fault was there.5

4
5

http://www.ipaidabribe.com/how-to/how-file-public-interest-litigation-pil#gsc.tab=0
http://www.ngosindia.com/resources/pil.php

CONSTITUTION
Procedure To File A Public Interest Litigation:
Procedure to file a public interest litigation is just like a filing a general writ in high court or
supreme court.

In High Court:
If a PUBLIC INTEREST LITIGATION is filed in a High court, then two (2) copies of the
petition have to be filed. Also, an advance copy of the petition has to be served on the each
respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.
In Supreme Court:
If a PUBLIC INTEREST LITIGATION is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of
petition has to be filed opposite party is served, the copy only when notice is issued.
Court Fees:
A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS.
50) has to be affixed on the petition.

Procedure:
1. Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the
same manner, as other cases.
2. However, in between the proceedings if the judge feels he may appoint a commissioner,
to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.
3. After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing
takes place, and the judge gives his final decision.
Can A Writ Petition Be Treated As A Public Interest Litigation?
Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with
group can be treated as a PUBLIC INTEREST LITIGATION however,

CONSTITUTION
The writ petition should involve a question, which affects public at large or group of people, and
not a single individual.
Only the effected/Aggrieved person can file a writ petition.
There should be a specific prayer, asking the court to direct the state Authorities to take note of
the complaint/allegation.6

Misuse Of Pil:
In the last few years, there have been serious concerns about the use and misuse of public interest
litigations and these concerns have been expressed at various levels. The time has come for a
serious re-examination of the misuse of public interest litigation. There are numerous cases in the
history of law where PIL has been misused. As in the case of Shubhash Kumar V state of Bihar.
In this case there was a prole who was fired by the director of the company so he filed a PIL that
this company is acting something wrong so this should be tried. So in this case by the fact of the
case we can see that this is purely misuse of PIL nothing else. As same in the case of S.P. Gupta
V Union Of India. There was also misuse of PIL came into picture. as per as in the case of
Sheela Barse v. State of Maharashtra7 .In this case, on receiving a letter from the petitioner, a
journalist, the Supreme Court took notice of the complaint of custodial violence to women
prisoners in the lock-up in the city of Bombay. The court issued various directions which
included the following: Four or five police lock-ups should be selected in reasonably good
localities where only female suspects should be kept and they should be guarded by female
constables.8 This misuse comes in various forms. The first is what Justice Pasayat in the case of
Ashok Kumar Pandey v. State of W.B. Described as busybodies, meddlesome interlopers,
wayfarers or officious interveners who approach the court with extraneous motivation or for
glare of publicity. Such litigation is described as publicity interest litigation and the courts
have been fraught with such litigation. How else would one describe a public interest litigation
filed for reliefs such as that the higher judiciary would be provided with private planes and
special transport? A petition to this effect was filed by a lawyer practicing in U.P. As could be
6
7
8

http://www.lawyersclubindia.com/articles/PUBLIC-INTEREST-LITIGATION-3111.asp#.VGrZevmSxqI
[(1983) 2 SCC 96]
http://www.lawteacher.net/litigation-law/essays/public-interest-litigation.php

CONSTITUTION
expected, it was summarily rejected, but not before the gentleman had his day in the sun,
however momentary it was. Examples of this kind of litigation are innumerable. No sooner has
an event of public interest or concern occurred than there is a race to convert the issue into a PIL.
Cautioning the High Courts on the misuse of the PIL, the Bench said PIL is a weapon which has
to be used with great care and circumspection and the judiciary has to be extremely careful to see
that behind the beautiful veil of public interest an ugly private malice, vested interest and/or
publicity seeking is not lurking. The Bench made it clear that a PIL should be aimed at redressal
of genuine public wrong or public injury and not publicity oriented or founded on personal
vendetta. It observed that it should not be allowed to become publicity interest litigation or
private interest litigation or politics interest litigation or, the latest trend, praise income litigation.
The laudable concept of PIL was for extending the long arm of sympathy to the poor, ignorant
and oppressed, the Bench said and added the brand name should not be allowed to be used by
imposters and meddlesome interlopers impersonating as public-spirited holy men.
In the case of Chhetriya pradushan sangarsh samiti v state of U.P9 the jhunjhunwala mills
purchased a land form the member of samiti long back because increasing land prices the heirs of
the persons, who sold the property asked to return it when they could not succeed in that they
started launching criminal offence complaints and that the that mills polluting the environment.
SC held that samiti has not come with clean intention and hence PIL cannot be entertained.
Because of those cases, the SC laid down certain condition for PIL.
Secondly in Sheela barse v union of India no PIL to protect the interest of criminals be filed.
In S.P. Gupta v union of India10 P.N. Bhagwati in the instant case lays down certain specific case
where PIL cannot be entertained namely.11
In the person is engaged in socio- economic crime then there is no PIL.
If offence is against the woman, no PIL should be filed on behalf of the criminal.

9
10

1990 AIR 2060, 1990 SCR (3) 739

AIR 1982 SC 149

11

http://www.mondaq.com/india/x/273102/trials+appeals+compensation/Public+Interest+Litigation+A+New+Horizon

CONSTITUTION
Criticism Of Pil:
Criticism of PIL has been given by many learned people of the field of law but one of the main
criticism is given here:
Liberalizing the requirement of standing in PIL- M.N. Chaturvedi
Mr. Chaturvedi in his article points out 2 criticism against PIL namely:
It encourages vexatious litigation to file unmerited, odious, fictitious claims and abuse of the
process of the court.
Comment:- PIL has protected public interest.

It shows immobility & inefficiency in administration.

Comment:- administration to go according to the manner in which they want till the order of the
court. For example in Ratlam municipality v vardhichan only when the direction came, the
municipality worked but administrative inefficiency is also because of its supervisors or
offences.12
In the PIL court sits in the judgment of the political branch of the state judiciary comes into
conflict with the political branch of the state judiciary comes into conflict with the political
branch.
Comment:- In wadhera vishakha case directions were issued, but no effective. This may be true
but in the most if the cases victims were given relief.13

PIL is trying to wither away the doctrine of separation on of power.

Comment:- montesques doctrine that there should be separation of power i.e. the organs of the
govt. should confine their role in the PIL judiciary encroaches into the domain of Legislation and
12

http://www.advocatekhoj.com/library/lawareas/publicinterestlitigation/procedure.php?Title=Public%20Interest%20
%20%20Litigation&STitle=Procedure%20to%20File%20a%20Public%20Interest%20Litigation
13
http://www.karmayog.org/pil/pil_10720.htm

CONSTITUTION
executive but to chturvedi, the doctrine is not followed strictly in India. When the Executive and
legislation has not taken any action the judiciary has to take lead.

A Letter Can Also Be Treated As Pil:

In early 90's there have been instances, where judges have treated a post card containing facts, as
a PUBLIC INTEREST LITIGATION.
Some of them are:
Letter alleging the illegal limestone quarrying which devastated the fragile environment in the
Himalayan foothills around Mussoorie, was treated as a PUBLIC INTEREST LITIGATION
A journalist complained to the Supreme Court in a letter, that the national coastline was being
sullied by unplanned development which violated the central government directive was treated as
a PUBLIC INTEREST LITIGATION
In a landmark judgment, in D.K. Basu v State of West Bengal, the court acted upon a letter
petition which drew attention to the repeated instances of custodial deaths in West Bengal. The
court further mandated that a relative of the arrested must be promptly notified. It made clear that
the failure to comply with this direction would be punishable as contempt of court. The early
PILs had witnessed the award of compensation by the court to victims of human rights
violations.
In the case of Upendra bakshi v Union of India a letter highlighting the pathetic condition of the
young offenders was sent to S.C judge which was taken into consideration.14
Secondly in the case of HINDUSTAN TIMES V CENTRAL POLLUTION BOARD15 a news
paper cutting was taken as complaint by the court of law. In other case Kamal nath v union of
India16 kamalnath had a lakeside hotel in mussorie. The proprietors wanted to increase the area.
They encroached the canal and built rooms there, thereby violating right to clean environment by
14
15
16

http://www.indg.in/social-sector/socialwelfare-faqs/4.pil.pdf
AIR 2000 SC 3510 B
(1997) 1 SCC 388

CONSTITUTION
taking pollution a grievous level. A news item of the same appeared and it was considered by the
court.

The Present Scenario:

In the past, many people have tried to misuse the privilege of PUBLIC INTEREST
LITIGATION and thus now the court generally require a detailed narration of facts and
complaint, & then decide whether to issue notice and call the opposite party.
However as there is no statute laying down rules and regulations for a PUBLIC INTEREST
LITIGATION Still the court can treat a letter as a PUBLIC INTEREST LITIGATION
However the letter should bring the true & clear facts, and if the matter is really an urgent one,
the court can treat it is a PUBLIC INTEREST LITIGATION
But still it depends upon facts and circumstances, and court has the entire discretion.

Recent Case Of Pil:

Recently in the territory of India many cases from the area of PIL has come into picture which
has been filed in the court of law. This project put lights in few of the cases related to PIL. As in
2008 a case was decided by Supreme Court named Common Cause (A Regd. Society) Vs. Union
of India17 in this PIL Petitioner filed public interest litigation praying to court to enact a Road
Safety Act in view of the numerous road accidents but in this case court held that court cannot
direct legislation A perusal of the prayers made in this writ petition clearly shows that what the
petitioner wants the courts to do is legislation by amending the law, which is not a legitimate
judicial function so this Petition was dismissed by court of law.
Secondly Sanganmal panday v state of u.p. The Lucknow bench of Allahabad Court on Saturday
stayed construction activities from Jail Road trisection to Kanshiram memorial till September 22
17

AIR 2008 SC 2116

CONSTITUTION
on a PIL alleging the Uttar Pradesh government's move was affecting the green belt in the area.
A division bench comprising Pradeep Kant and Rituraj Awasthi passed this directive on a PIL
filed by a local lawyer Sangamlal Pandey. Earlier, on September 17, the apex Court had disposed
off Pandey's petition allowing him to file the PIL in the High Court. In his PIL, Pandey had
contended that the government move was not environment-friendly and construction work was
going on in the green belt land.

Conclusion:
So by the all discourse this is conclusion that Public interest litigation is a methodology to put
any public issue according to law yet as it is said that nothing can be completely great so there
are some great peculiarity then some terrible are likewise their as we have examined about the
abuse of PIL. In the abuse of PIL it can be conceivable that any individual of society send PIL to
tease whatever other individual of the general public in Indian law, implies litigation for the
assurance of public interest. It is litigation presented in a court of law, not by the bothered party
yet by the court itself or by whatever other private gathering. It is redundant, for the activity of
the court's ward that the individual who is the casualty of the infringement of his or her right
ought to generally approach the court. Public Interest Litigation is the force given to the public
by courts through legal activism.
Such cases may happen when the exploited person does not have the vital assets to begin
litigation or his flexibility to move court has been smothered or infringed upon. The court can
itself take comprehension of the matter and continue suo motu or cases can begin on the request
of any public-vivacious single person.
A legal framework can endure no more noteworthy absence of believability than a recognition
that its request can be ridiculed with exemption. This court must abstain from passing requests
that can't be authorized, whatever the principal right may be and however great the reason. It fills
no need to issue some prominent mandamus or assertion that can stay just on paper. Despite the
fact that typically the Supreme Court promptly passes between time requests for alleviation,
infrequently is a last decision given, and in a large portion of the cases, the catch up is poor.