ABSTRACT

Public interest litigation came to be recognised in India by the middle of 20th century. The
term ‘PIL’ originated from American jurisdiction where it was designed to provide legal
representation to previously unrepresented groups and interests. The idea of PIL came from
‘actio popularis’ of the Roman jurisprudence which allowed access to court to every citizen
in matters of public wrongs.

“PIL” means a legal action initiated in a Court for the enforcement of public interest or
general interest in which the public or a class of community have pecuniary interest or some
interest by which their legal rights or liabilities are affected. PIL can be filed by any public
spirited person even in cases where the person filing it is not affected or no fundamentals of
his stand violated. The SC of India stated that, PIL was aimed at “fostering and developing
the laudable concept of PIL and extending its long arm of sympathy to the poor, the ignorant,
the oppressed and the needy whose fundamental rights are infringed and violated and whose
grievances go unnoticed, un-represented and unheard.”

A PIL is abused when it is filed with the motive of publicity, private interest, personal
grudge, political rivalry or other oblique motives. The petitioner must approach the court with
clean hands, clean heart, clean mind and clean objective. It is the duty of the court to ensure
that the course of justice is not obstructed by dishonest litigants by invoking the extraordinary
jurisdiction of the court for any personal motive under the grab of PIL.

This paper specifically deals with various aspects of PIL, misuse of PIL, Consequences of
misuse of PIL, and remedies and suggestions available for the prevention of misuse of PIL.
Also, this paper discusses various landmark cases relating to PIL in various countries. The
method of writing in the course of the research paper is primarily analytical.