INTRODUCTION

 Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional
hazards etc. Any matter where the interest of public at large is affected can be redressed
by filing a Public Interest Litigation in a court of law.
 Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large.
GENESIS AND EVOLUTION OF PIL IN INDIA
The seeds of the concept of public interest litigation were initially sown in India by Justice
Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
 The first reported case of PIL was Hussainara Khatoon vs. State of Bihar (1979) that
focused on the inhuman conditions of prisons and under trial prisoners that led to the
release of more than 40,000 under trial prisoners.
o Right to speedy justice emerged as a basic fundamental right which had been
denied to these prisoners. The same set pattern was adopted in subsequent cases.
 A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of
S.P. Gupta vs. Union of India.
o In this case it was held that “any member of the public or social action group acting
bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or
the Supreme Court (under Article 32) seeking redressal against violation of legal or
constitutional rights of persons who due to social or economic or any other disability
cannot approach the Court.
GUIDELINES – [Guruvayoor Devaswom Managing Committee v. C.K.
Rajan [2003] 7 SCC 546]
(i) The Court in exercise of powers under Article 32 and 226 of the Constitution can entertain a
petition filed by any interested person in the welfare of the people who is in a
disadvantaged position and thus not in a position to knock the doors of the Court. The Court
constitutionally bound to protect the Fundamental Rights of such disadvantaged people so as
to direct the State to fulfill its constitutional promises.
(ii) Issues of public importance, enforcement of fundamental rights of large number of
public vis-a-vis the constitutional duties and functions of the State, if raised, the Court
treats a letter or a telegram as a public interest litigation upon relaxing procedural laws as
also the law relating to pleadings.
(iii) The common rule of locus standi is relaxed so as to enable the Court to look into the
grievances complained on behalf of the poor, deprived, illiterate and the disabled who
cannot vindicate the legal wrong or legal injury caused to them for any violation of any
constitutional or legal right.
CATEGORIES REQUIRED
Ordinarily the letter or petition falling under the following categories should be entertained as
Public Interest Litigation-
(a) Neglected children; (b) Bonded Labour matters;
(c) Non-payment of minimum wages to workers and exploitation of casual workers and also
complaints relating to the violation of Labour Laws. (except in individual cases);
(d) Petition from Prisons, complaining of harassment or for premature release, death in prison,
transfer, release on personal bond, speedy trial;
(e) Petitions against atrocities on women, bride-burning, rape, murder etc.;
(g) Petitions complaining harassment or torture of villagers by covillagers or by police from
persons belonging to the Scheduled Castes and Scheduled Tribes and economically backward
classes;
(h) Petition from riot victims;
(i) Petitions relating to Family Pension;
(j) Petitions pertaining to the environmental pollution, disturbance of ecological balance,
maintenance of forest and wild life, maintenance of heritage and culture and other matters of
public importance;
SIGNIFICANCE OF PIL
 The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
 PIL is an important instrument of social change and for maintaining the Rule of law and
accelerating the balance between law and justice.
 The original purpose of PILs have been to make justice accessible to the poor and the
marginalised.
 It is an important tool to make human rights reach those who have been denied rights.
 It democratises the access of justice to all. Any citizen or organisation who is capable
can file petitions on behalf of those who cannot or do not have the means to do so.
 It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
 It is an important tool for implementing the concept of judicial review.
DEMERITS OF PIL
 The affected parties addressed letters directly in the name of the Judge of the
Supreme Court
This practice has been criticized on the ground that there would be a danger of litigants choosing
a Judge and in turn Judges choosing their litigants.
 The suo motu action by Judges based upon the newspapers reports
It has been criticized on the ground that thereby the Judge assumes the role of petitioner as well
and, thus, acting against the Judicial precept, 'no body should be a Judge in his own case, (Nemo
judex in resua).
 It has also been criticized on the ground that it would result in the tremendous increase
in the litigation
 It is also criticized on the ground that it can be misused for private motive or political
ends.
 KAMKUS COLLEGE OF LAW
LL.B. IInd YEAR
PIL- K810

Q.1. What is the full form of PIL?

Ans. Public Interest litigation.

Q.2. What is the full name paper entitled PIL?

Ans. Public Interest Lawyering, Legal Aid & Para Legal Services.

Q.3. What is the object of public Interest Litigation?

Ans. To provides an effective remedy to enforce Legal Rights and interest for
the social and economic classes.

Q.4. What is the literal meaning of Locus Standi?

Ans. Literal meaning of Locus standi to invoke the jurisdiction of the court.

Q.5. What do you mean by “Legal Aid”?

Ans. Free Legal assistance to the poor in the judicial proceeding before the
courts or tribunals.

Q.6. What is the main object of organizing Lok Adalat?

Ans. To provides speedy justice at less expense.

Q.7. What do you understand by a Lok Adalat?

Ans. An Adalat established and constituted under the Legal Services

Ans. It develops the creative skill required for success in the legal profession
by case comment student will be able to find out the ratio decidendi,
correctness and effect.

Q.9. What do you mean by an advocate?

Ans. According to sec.2 (1) (a), of advocates Act , 1961 an Advocate means a
person entered in any roll under the provisions of this Act.

Q.10. How are the disputes regarding the seniority among advocates decided.

Ans. According to sec.21 of the Advocates Act, 1961, where the date of
seniority of two or more persons is the same, the one senior in age shall
be reckoned as senior to the other.

Q.11. what do you mean by a ‘law graduate’?

Ans. A person who has obtained a bachelor’s degree in law from any
university established by law in India.

Q.12. What is the nature of Art.32 of Indian Constitution.?

Ans. Remedial

Q.13. What kinds of writs can be issued U/Art.32 and 226 of the Constitution
of India.?

Ans. 1. Habeas Corpus

2. Mandamus

3. Prohibition

4. Certiorori

5. Quo‐ warranto

Q.14. Does the principle of res‐judicata apply in case of petition for ‘Habeas
Corpus’.

Ans. No.
Q.15. What is the full form of LL.B.in English?

Ans. Bachelor of laws.

Q.16. What is the Latin maxim for LL.B.?

Ans. Legum Baccalaureus

Q.17 What is the full form of LL.M.in English?

Ans. Master of Laws.

Q.18 What is the difference between the jurisdiction of High Court and
Supreme Court U/Art.226/32.?

Ans. The jurisdiction of high court U/Art.226 is wider than that of Supreme
Court U/A.32 as the Supreme Court can issue the writs only for the
enforcement of fundamental rights whereas the high court can enforce
both the fundamental as well as other ordinary legal rights.

Q.19 who is the guardian of fundamental rights under the Indian constitution.

Ans. The Supreme Court of India.

Q.20. Against whom a writ can be issued.

Ans. 1. State 2. Other authorities 3. Any person having statutory or public

Q1. What is PIL?

Ans. Public interest Litigation is defined as the use of litigation, or legal action, which seeks to advance
the cause of minority or disadvantaged groups or individuals, or which raises issues of board public
concern. It is a way of using the law strategically to effect social change.

Q2. What do you mean by writ petition?

Ans. A writ is a formal written order issued by a court. Any warrant order, directions, and so on, issued
by the Supreme Court or the High Court are called writs. A writ petition can be filed in the High Court
(Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are
violated.

Q3. Can PIL be filed against private party?

Ans. Public interest Litigation can be filed only against a State / Central Govt. Municipal Authorities and
not any private party. However “Private party “can be included in the public interest litigation as
‘Respondent ‘, after making concerned state authority, a party.

Q4. What are Writs in India?

Ans. There are five types of Writs:

(i) Habeas Corpus: is a Latin term which literally means “You may have the body”. The writ is
issued to produce a person who has been detained, whether in prison or in private custody ,
before a court and to release him if such detention is found illegal.

(ii) Mandamus: which means “We command”. This writ of command is issued by the Supreme
Court or High Court when any govt., court, corporation or any public authority has to do a
public duty but fails to do so.

(iii) Certiorari: certiorari means to be certified. The writ of certiorari can be issued by the
Supreme Court or any high Court for quashing the order already passed by an inferior court,
tribunal or quasi judicial authority.
 (iv) Prohibition: The Writ of Prohibition means to forbid or to stop and it is popularly known as
‘Stay order’. This writ is issued by any High court or the Supreme Court to any inferior court,
or quasi judicial body prohibiting the latter from continuing the proceeding in a particular
case, where it has no jurisdiction to try.

(v) Quo – Warranto: means “By what warrants?” or “what is your authority”? it is a writ issued
with a view to restrain a person from holding a public office to which he is not entitled.

Q5. What do you mean by Locus Standi?

Ans. Locus Standi means the right to bring an action, to be heard in court, or to address the court on a
matter before it. Locus Standi is the ability of a party to demonstrate to the court sufficient connection
to and harm from the law or action challenged to support that party’s participation in the case.

Q6. What do you mean by Legal Aid?

Ans. Legal Aid is taken to mean the free legal assistance to poor and weaker sections of the society with
the object to enable them to exercise the rights given to them by law. The object of legal aid is to ensure
equal justice.

Q7. What do you mean by lok Adalat ?

Ans. Lok Adalat is a system of alternative dispute resolution developed in India vides legal Services
Authorities Act, 1987. It means “People’s Court”. In which disputes solved by direct talks between the
Litigants.

Q8. What is a permanent lok Adalat?

Ans. The Court established by National Legal Services Authority or State Legal Services authority for the
purpose of speedy disposal of disputes pertaining to public Utility Services and not yet recorded in any
court of Law, by way of compromise, is called Permanent Lok Adalat.

Q9. What is an administrative tribunal in India?

Ans. Administrative tribunals Act owes its origin to Article 323‐A of the constitution which empowers
Central Govt. to set –up by an Act of Parliament, Administrative tribunals for adjudication of disputes
and complaints with respect to recruitment and conditions of service of persons appointed to the public
service.

Q10. What is Lokpal?

Ans. A Lokpal (caretaker of people) is an anti‐ corruption authority or ombudsman who represents the
public interest. The concept of an ombudsman is borrowed from Sweden. The Lokpal has jurisdiction
over all members of parliament and central government employees in cases of corruption.
Q11. Who is Lokayukta ?

Ans. New Delhi: the Lokayukta is an anti‐ corruption authority constituted at the state level. It
investigates allegations of corruption and mal‐ administration against public servants and is tasked with
speedy redressal of public grievances.

Q12. In which year Advocate Act passed?

Ans. In 1961.

Q13. In which year the contempt of Court Act passed?

Ans. In 1971.

Q14. What is difference between Public Interest Litigation and Writ?

Ans. The main objective of a PIL is to protect public interest. So, a PIL is a writ, but not all writs are PILs.

Q15. Difference between Article 32 and Article 226?

Ans. This means that the Supreme Court’s power under Article 32 is restricted as compared with the
power of a high Court under Article 226, for, if an administrative action does not affect fundamental
Rights, then it can be challenged only in the High Court under Article 226, and not in the Supreme Court
under Article 32.