Public Interest Litigation (PIL)

• Before 1960s - 70s the concept of litigation in india was still in rudimentary form and was seen as private pursuit for the vindication of private vested interests.
• The initiation and continuance of litigation was the prerogative of aggrieved person or injured party.
• There were very little organised efforts or attempts to take the wider issues that affected classes of consumers or the general public at large.
• The concept changed in the 1980s when the Supreme court gave all the individuals and the newly formed social action groups or consumer groups an easier access to the law and included in their work, a broad public interest perspective.
• PIL is defined as the litigation in the interest of a neboulous entity or the public in general.
• Prior to 1980 only the affected party had the locus standi (standing required in law) to file a case and continue a litigation and the non affected persons had no locus standi to do so.
• The splendid efforts of justice P N Bhagwati and V R Krishna were instrumental in the juristic revolution of 1980s to empower the social action groups to approach the apex court of the country seeking legal remedies in all cases where the interests of general pubic or a section of public are at stake.
• PIL is one of the most potent weapon, the judiciary in India has acquired in recent times, in order to enforce the legal obligation of the Executive and Legislature.
• The right to issue PIL is available in the Supreme court and High courts only.
• The relief provided by the court is in the form of direction or order to the state including compensation to the affected party.

PURPOSES SERVED BY PIL:

• It has enormously increased the awareness among the masses regarding their rights and the institutional arrangements in the form of judiciary to get them implemented. In other sense it is said that PIL has democratized the judiciary.
• Through the PIL, the Supreme court has vastly expanded the scope of the Fundamental Rightsby liberally implementing article 32 and 226.
• It has forced the Judiciary and executive to discharge their Constitutional obligations towards the people.
• It has attempted to provide a corruption free administration and liveable environment to the public.