The Supreme Court has described a Public Interest Litigation (PIL) as “a legal action commenced in a court of law to enforce public interest or general interest, in which the public or a specific community has a pecuniary interest or some concern that affects their legal rights or obligations.”

The establishment of Public Interest Litigation (PIL) in India was enabled by relaxing the traditional ‘locus standi’ rule. According to this rule, 

• Under Locus Standi: Only a person whose rights are infringed alone can move the court for remedies, whereas, the PIL is an exception to this traditional rule. 
• Under the PIL: Under PIL, any citizen with a public interest perspective or a social organization can approach the court for the enforcement of the rights of individuals or groups who, due to their poverty, ignorance, or socially and economically disadvantaged status, are unable to seek legal remedies themselves. 

Evolution of Public Interest Litigation in India

The concept of Public Interest Litigation (PIL), which originated and developed in the USA in the 1960s,  was designed to provide legal representation to previously unrepresented groups and interests. It was undertaken in recognition of the fact that the ordinary marketplace for legal services fails to provide such services to significant segments of the population and their interests. Such groups and interests may include the economically disadvantaged, environmental activists, consumers, racial and ethnic minorities, and more.

In India, the PIL is a result of the Supreme Court’s judicial activism. It was introduced in the early 1980s, with Justice V. R. Krishna Iyer and Justice P. N. Bhagwati serving as key figures in its development. PIL is also known as:

• Social Action Litigation (SAL), 
• Social Interest Litigation (SIL) and 
• Class Action Litigation (CAL).

Features of Public Interest Litigation in India

• Access to Justice: One of the key aspects of PIL is that it offers a way for individuals lacking financial resources or legal knowledge to seek legal recourse for their rights. It enables marginalised and underprivileged sections of society to seek legal redressal for their grievances.
• Flexible Procedures: PIL is not bound by the strict procedural rules that govern traditional litigation. PIL allows the courts to relax the rules of procedure to ensure that justice is not denied due to technicalities. This feature of PIL enables the court to address the core issues rather than being bogged down by procedural formalities.
• Public Participation: In a PIL, any individual or group of people can approach the court on behalf of the public. Thus, it enables citizens to participate in the governance of the country by raising issues of public importance. This feature makes the Indian legal system more democratic and participatory.
• Constitutional Remedies: PIL enables the courts to enforce the fundamental rights of weaker and disadvantaged sections of the society. The courts possess the authority to issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto to protect the rights of citizens. This feature of PIL ensures that the constitutional guarantees are protected.
• Wide Scope: PIL is not confined to any particular area of law or subject matter. It encompasses all aspects of public life, including human rights, environmental issues, corruption, and administrative actions. This feature of PIL makes it a powerful tool for social change.
• Public Interest: The core feature of PIL is that it is filed in the interest of the public at large, rather than for the benefit of a particular individual or group. Thus, it acts as a check on the misuse of power and ensures that public officials and institutions are held accountable for their actions.

PIL is a unique and powerful mechanism that has transformed the Indian legal system. It has enabled citizens to participate in the governance of the country and has provided access to justice to marginalised sections of society. PIL has played a crucial role in ensuring social justice and fairness, and has made the Indian legal system more democratic and participatory.

Scope of Public Interest Litigation in India

Inclusions

In 1998, the Supreme Court formulated a set of guidelines to be followed for entertaining letters or petitions received by it as a PIL.  According to established guidelines, only letters or petitions falling into the following categories will typically be accepted as PIL: 

1. Bonded labour matters. 
2. Neglected children.
3. Non-payment of minimum wages to workers and exploitation of casual workers and complaints regarding violations of Labour Laws (except in individual cases). 
4. Petitions from prisoners regarding mistreatment, requests for early release or release after serving 14 years, fatalities in custody, transfers, release on personal bond, and claims about speedy trials as a fundamental right. 
5. Petitions against police for neglecting to file a case, harassment by police, and fatalities in police custody. 
6. Petitions concerning violence against women, particularly issues like bride harassment, bride burning, rape, murder, kidnapping, etc. 
7. Petitions addressing harassment or torture faced by villagers from their peers or police from individuals belonging to Scheduled Castes or Scheduled Tribes.
8. Petitions related to environmental pollution, disruption of ecological balance, drug-related issues, food contamination, preservation of heritage and culture, antiques, forests and wildlife, and other significant public concerns. 
9. Petitions from riot-victims. 
10. Family pension.

Exclusions

The cases falling under the following categories will not be entertained as PIL: 

• Landlord-tenant matters.
• Service matters and those pertaining to pension and gratuity.
• Complaints against Central and State Government departments as well as Local Bodies, excluding those that pertain to items (1) to (10) mentioned above.
• Applications for admission to medical and various educational institutions.
• Requests for expedited hearings of cases awaiting resolution in High Courts and Subordinate Courts.