What is a Public Interest Litigation (PIL)?

Wikipedia defines PIL as use of litigation, or legal action, which seeks to

advance the cause of a minority or disadvantaged groups or individuals,
or which raises issues of broad public concern. It is a way of using the law
strategically to effect social change.
In simple terms, a PIL is a petition that an individual or a non-government
organisation or citizen groups, can file in the court seeking justice in an
issue that has a larger public interest. It aims at giving common people an
access to the judiciary to obtain legal redress for a greater cause.
PIL is not defined in any statute. It is the outcome of judicial activism to
take cognisance of a cause at the instance of any person even if it does
not affect him personally, but affects the public at large.
Who can file it?
Any Indian citizen can file a PIL, the only condition being that it should not
be filed with a private interest, but in larger public interest. At times, even
the Court can take cognizance of a matter if it is one of utmost public
importance, and appoint an advocate to handle the case.
How does one decide on filing a PIL?
An advocate who has been filing PILs in Chennai High Court says it would
be good to give a reasonable opportunity for the other party to respond to
the issue that the individual or the group has raised, before filing the PIL.
For example, if you have taken up a matter that demands government
action or policy change, then first raise that issue with the authorities,
bring it to their knowledge and ask them how are they going to solve it.
Send them a representation in the first place.
Give them some time – a month or two to reply. If they fail to respond or if
you are unhappy with their response, then it’s the time to file a petition.
Where can PILs be filed?
PILs can be filed either in the High Court or in the Supreme Court.
What is the procedure for filing a PIL?
One has to do thorough research before filing a PIL. In case of filing a PIL
concerning several individuals, it is important and the best course for the
petitioner to consult all affected interest groups.
Once you decide to file a PIL, collect all relevant information and
documents to back your case. You can argue in person or appoint an
advocate to fight the case. In any case, it is advisable to consult an
advocate before filing a PIL. If you intend to argue in person, be better
prepared to explain the issue and convince the court in the little time that
you are given.
Once you are ready with the PIL copy and intend to file it in the High
Court, submit two copies of the petition to the court. Also, a copy of the
petition has to be served to each respondent in advance. And this proof of
serving the copy to the respondents has to be affixed in the petition.
If you are filing PIL in the Supreme Court, then five copies of the petition
are to be filed before the court. Respondent is served with the copy only
when the notice is issued from the court.
What is the cost incurred to file a PIL?
A PIL itself is cheap compared to other court cases. One has to pay a court
fee of Rs 50 for each respondent and affix it with the petition. However,
the expense for fighting the case depends on the advocate the petitioner
chooses to argue the case.
What is the difference between a PIL and a Writ Petition?
Writs are filed by individuals or institutions for their own benefit and not
for public interest, whereas PILs are filed for a larger good.
What are the issues that cannot be filed under PIL?
The Supreme Court has issued a set of PIL guidelines according to which
the following matters will not be allowed as PILs:
• Landlord-tenant matters
• Service matters
• Matters pertaining to pension and gratuity
• Complaints against Central and State government departments and
Local Bodies except those relating to items 1 to 10 mentioned in the list of
guidelines
• Admission to medical and other educational institutions
• Petitions for early hearing of cases pending in High Court or
subordinate courts
Do judges normally admit the PILs?
It differs from judge to judge. PILs are handled by the Chief Justice of the
court, hence it purely depends on how the sitting judge perceives the
matter. The average admission rate may range from 30 to 60 per cent.
Normally PILs are taken into consideration if the judges are convinced of
the fact that the subject is of significance and is in the interest of the
public.
How long does it take for the closure of the case?
That depends on the case. If the matter is of utmost importance
pertaining to lives of individuals, human rights violation etc, the court
would take up the case immediately, conduct the hearing and dispose of
the matter. But in general, due to piling up of PILs in courts, the hearing
and closure of the case is time consuming, often it takes years. However,
in between the hearings, the court may issue directions to the authorities
to perform certain actions as and when needed.
It’s only after the final hearing of both parties that a judgement is given.
Are PILs often misused?
It is interesting to know that the misuse or abuse of PILs is growing to be a
serious concern in India, where the number of cases pending before the
courts is already huge.
In 2010, the Supreme Court came down heavily on frivolous public interest
litigation petitions for personal or extraneous reasons, and eventually laid
down certain guidelines to be followed by courts in entertaining PILs.
The filing of indiscriminate petitions “creates unnecessary strain on the
judicial system and consequently leads to inordinate delay in disposal of
genuine and bona fide cases,” said a Bench consisting of Justices Dalveer
Bhandari and Mukundakam Sharma.
Tracing the origin and development of PIL in various countries, Justice
Bhandari, writing the judgment, said: “The courts’ contribution in helping
the poorer sections by giving a new definition to life and liberty and in
protecting ecology, environment and forests is extremely significant.”
However, the Bench said, “unfortunately, of late, such an important
jurisdiction, which has been carefully carved out, created and nurtured
with great care and caution by the courts, is being blatantly abused by
filing some petitions with oblique motives.”