Unit 4: Preparing a PIL Petition

UNIT 4: PREPARING A PIL PETITION

4.1 Introduction to Public Interest Litigation (PIL)

4.2 Objectives
4.3 Public Interest Litigation
4.4 Evolution of PIL Jurisprudence
4.5 Current Debates and Judicial Limitations on PIL
4.6 Supreme Court Guidelines for Filing PIL petitions
4.7 Procedural and Writing Tips for Drafting PIL petitions
4.8 Summary
4.9 Questions for Content
4.10 Questions for Discussion
4.11 Suggested Further Reading Additional to Cited Sources

4.1 INTRODUCTION

Public Interest Litigation (PIL) provides an important legal mechanism for raising issues
of great public import or affecting a significant segment of the population. For those who
wish to advocate for changes in particular components of the criminal justice system or
on behalf of those affected by that system, public interest litigation can serve as a means
of challenging existing structures, laws, or policies and promoting human rights. As
Supreme Court Justice Anand has stated, “The history of public interest litigation is in a
way the history of development of human rights jurisprudence in India ... It represents a
sustained effort on the part of the Judiciary to provide access to justice for the deprived
sections of Indian humanity with a view to protect their human rights.”1

Given the potential of PIL for human rights advocacy in the criminal justice context,
understanding the nature of public interest litigation and how to write PIL petitions offers
both a culmination to the topic of “criminal justice writing” of Block 2 and a conceptual
awareness of the topic of “criminal justice advocacy” that will be discussed in Block 3.

1
Justice A.S. Anand, “Public Interest Litigation as Aid to Protection of Human Rights,” M.C. Bhandari
Memorial Lecture, (2001) 7 SCC (Jour) 1, Available at: http://www.ebc-
india.com/lawyer/articles/2001v7a1.htm.

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This module will provide an introductory overview of PIL and the drafting of PIL
petitions. Specifically, the module will begin by discussing the main components of the
concept and practice of PIL, the evolving PIL jurisprudence in India, and some of the
cases and topics covered by public interest litigation. From there, the module will turn to
discuss some debates and judicial restrictions on PIL. Finally, the module will outline the
Supreme Court guidelines for PIL petitions and provide some tips on how to draft such
petitions.

4.2 OBJECTIVES

After going through this unit you should be able to understand:

• The concept and practice of public interest litigation

• Some basic procedures and substantive content of PIL jurisprudence in India

• Some debates surrounding PIL

• Some basic procedural and structural guidelines for drafting and filing a PIL
petition

4.3 PUBLIC INTEREST LITIGATION

Public interest litigation refers to cases involving a general public interest that are filed as
writ petitions under Article 32 of the Constitution to the Supreme Court, Article 226 to
the relevant High Court, or Article 136 as appeals of a High Court judgment to the
Supreme Court.2 Due to the public interest focus of PIL, the way that public interest
litigation has evolved in India marks an alternate and innovative approach to the
traditional concept of “standing” in judicial proceedings. If someone has standing (or
locus standi) in a particular legal case, that person has the ability to “make a legal claim
or seek to enforce a right or duty” and have that claim adjudicated by a court.3

2
See Sangeeta Ahuja, PEOPLE, LAW AND JUSTICE: CASEBOOK ON PUBLIC INTEREST LITIGATION, 6 (Orient
Longman 1997), Available at:
http://books.google.com/books?id=mvWzfNlLRqoC&printsec=frontcover&source=gbs_v2_summary_r&c
ad=0#v=onepage&q=&f=false.
3
Bryan A. Garner, A DICTIONARY OF MODERN LEGAL USAGE, 2nd ed., “Standing,” (Oxford University
Press, 1995), 826, Available at:
http://books.google.com/books?id=35dZpfMmxqsC&pg=PA826&lpg=PA826&dq=judicial+standing+defi
nition+legal+disctionary&source=bl&ots=k8t_QBpbFa&sig=1ZWD5P9FQpJmskDATqUZXInGDnY&hl=
en&ei=85PdSvnhN5T66gPgrLCpDg&sa=X&oi=book_result&ct=result&resnum=10&ved=0CCIQ6AEwC
Q#v=onepage&q=standing&f=false.

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Traditionally in India and elsewhere, only an individual whose rights personally have
been violated or affected had standing to bring a case in court.4 However, in the late
1970s and early 1980s, the Indian Supreme Court developed a system of public interest
litigation in which persons other than those directly affected could approach the courts if
the case was in the public interest.5 As the Supreme Court held in People’s Union for
Democratic Rights v. Union of India:

“The traditional rule of standing which confines access to the judicial process
only to those to whom legal injury is caused or legal wrong is done has now
been jettisoned by this Court and the narrow confines within which the rule of
standing was imprisoned for long years as a result of inheritance of the Anglo-
Saxon System of jurisprudence have been broken and a new dimension has
been given to the doctrine of locus standi which has revolutionised the whole
concept of access to justice in a way not known before to the western system
of jurisprudence... it is therefore necessary to evolve a new strategy by
relaxing this traditional rule of standing in order that justice may become
easily available to the lowly and the lost.”6

The original justification for broadening the standing requirements was to ensure
effective redress for those individuals and groups who are more marginalized financially,
socially, or politically. As the Supreme Court noted in Guruvayur Devaswom v. C.K.
Rajan:

“The Courts exercising their power of judicial review found to its dismay that the
poorest of the poor, depraved [sic], the illiterate, the urban and rural unorganized
labour sector, women, children, handicapped by 'ignorance, indigence and
illiteracy' and other down- trodden have either no access to justice or had been
denied justice. A new branch of proceedings known as 'Social Interest Litigation'
or 'Public Interest Litigation' was evolved with a view to render complete justice
to the aforementioned classes of persona.”7

Thus, under this developed public interest litigation, lawyers, NGOs, or other individuals
can bring claims on behalf of other individuals or groups who otherwise might not have
the ability or resources to have their grievances adjudicated. To give an illustrative
example, suppose the government enacted legislation permitting the destruction of
particular slums in a given city without providing adequate mechanisms of resettlement,
compensation, or other means of rehabilitation to those who have lived for decades in the
4
See, e.g., Shri. Y.S. Yadivel, “Public Interest Litigation (PIL): A Boon or Bane?” Legal Service India,
Available at: http://www.legalserviceindia.com/articles/pil.htm.
5
Id.
6
People’s Union for Democratic Rights and Ors. v. Union of India and Ors., 1982 AIR 1473.
7
Guruvayur Devaswom Managing Commit. & Anr. V. C.K. Rajan & Others, 2004 AIR 561.

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particular slums and would be displaced by the new law. If individuals within the slums
did not have the financial ability or the legal knowledge necessary to seek redress, public
interest litigation would allow other individuals or organizations to bring a claim in court
on behalf of those affected.

As Justice Anand has commented:

“The Supreme Court realised that it was necessary to depart from the traditional
rule of locus standi and to broaden access to justice by providing that where a
legal wrong or a legal injury is caused to a person or to a class of persons, who by
reason of their poverty or disability or socially or economically disadvantaged
position, cannot approach the court for relief, any member of the public or social
action group or interest group or a concerned citizen, acting bona fide can
maintain an application in the High Court or the Supreme Court, seeking judicial
redress for the legal wrong or injury caused to such person or class of persons.”8

4.4 PIL PROCEDURAL RULES AND SUBSTANTIVE JURISPRUDENCE

Less Formal Procedural Requirements

Given the public interest nature of PIL and the initial intended purpose of assisting the
poor and most marginalized members of society, the Supreme Court and High Courts
relaxed various other procedural requirements of traditional Article 32 and 226 petitions,
in addition to easing the standing requirements for submitting petitions.9 As the Supreme
Court noted in Sheela Barse v. Union of India:

“While in the ordinary conventional adjudications, the party structure is merely

bi-polar and the controversy pertains to the determination of the legal
consequences of past events and the remedy is essentially linked to and limited by
the logic of the array of the parties, in a public interest action the proceedings cut
across and transcend these traditional forms and inhibitions ... The dispute is not
comparable to one between private parties … The grievance in a public interest
action, generally speaking, is about the content and conduct of government action
in relation to the constitutional or statutory rights of segments of society and in
certain circumstances the conduct of government policies. Necessarily, both the
party structure and the matters in controversy are sprawling and amorphous, to be

8
Justice A.S. Anand, “Public Interest Litigation as Aid to Protection of Human Rights,” M.C. Bhandari
Memorial Lecture, (2001) 7 SCC (Jour) 1, Available at: http://www.ebc-
india.com/lawyer/articles/2001v7a1.htm.
9
See Sangeeta Ahuja, supra note 2, at 766.

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defined and adjusted or readjusted as the case may be, ad hoc, according as the
exigencies of the emerging situations. The proceedings do not partake of
predetermined private law litigation models but are exogenously determined by
variations of the theme.”10

An example of this shift away from formal procedural requirements, petitioners do not
always have to follow formal procedures of filing writ petitions, and can even write
letters to the Supreme Court or requisite High Court.11 Further, restrictions of laches
(delays) have sometimes been eased in public interest litigation; while courts can
consider inordinate delays in their consideration of a case, such delays “may not be the
sole ground for dismissing [a] public interest litigation in some cases.”12 In addition, the
principle of res judicata, in which an individual cannot bring a claim that was or should
have been raised in a previous case, was found to apply in a PIL only when the earlier
claim came in the form of a PIL and was not a private matter.13

Moreover, the courts have often adapted hearing procedures, taking on the role of
investigator and adopting a more inquisitorial approach than in traditional adversarial
proceedings.14 Similarly, in PIL cases where the petitioner does not have the ability or
resources to collect the necessary evidence, courts have in the past appointed special
commissions to investigate.15 In addition, since many petitioners in a PIL are individuals
and organizations, as opposed to legal advocates, the Supreme Court or High Courts
often have appointed advocates or utilised legal aid organizations to assist non-attorney
petitioners.16

Substantive Scope of PIL

Public interest litigation has covered a vast array of substantive issues, spanning topics
such as police abuse, prison conditions and custodial violence, environmental
degradation, right to life concerns, education issues, labour rights, children’s rights,
injustices against women, various civil liberties infringements, and many other human

10
Sheela Barse v. Union of India & Ors., JT 1988 (3) 15.
11
Id.
12
Bombay Dyeing and Mfg. Co. Ltd. V Bombay Environmental Action Group Ors, SC 2006 SLP 1528,
Available at: http://www.nls.ac.in/CEERA/ceerafeb04/html/documents/case7.htm (using significant delay
as one factor amongst others to dismiss the petition in that case, but stating that delay was not the only
factor).
13
Forward Construction Co & Ors. v. Prabhat Mandal Andheri Ors., 1986 AIR 391.
14
See Sangeeta Ahuja, supra note 2, at 787.
15
For an example of this process, see NHRC v. State of Gujarat, Crl.MP No. 3740-42/2004 in WP (Crl.)
No. 109/2003, Available at: http://www.ielrc.org/content/c0404.pdf.
16
See Id., at 785

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rights issues.17 Given the breadth of PIL case law, this section will provide only a few
examples of such cases.

Considered one of the earliest PIL cases, Hussainara Khatoon & Ors. concerned the
rights of undertrial prisoners. Based on various Indian Express news articles about
undertrial prisoners in Bihar jails, an advocate successfully filed a writ for habeas corpus
in the Supreme Court, leading to the release of over 40,000 such accused persons.18
Holding that the right to personal liberty under Article 21 of the Constitution includes the
right to a speedy or “reasonably expeditious” trial, the Court denounced the then-present
system of bail that required financial payment and thus left thousands of individuals to
languish in jails for years awaiting trial.19

Internationally recognized for its human rights protections of social and economic rights,
Olga Tellis v. Bombay Municipal Corporation involved the rights of slum dwellers.20
Two journalists, the Peoples Union for Civil Liberties, the Committee for the Protection
of Democratic Rights, as well as several residents of relevant slums challenged their
forcible eviction and removal or deportation.21 Determining that the right to life protected
by Article 21 of the Constitution includes the right to livelihood and that removing
individuals from slum areas will deprive them of the jobs that caused them to live in such
areas in the first place, the Court held that the government must provide a fair, just, and
reasonable procedure before depriving any individual of that right.22

An example of a High Court decision in a PIL case, the Andhra Pradesh High Court in
February 2009 mandated that the police register a First Information Report (FIR)
whenever a police officer causes the death of another person.23 The Andhra Pradesh Civil
Liberties Committee (APCLC) initiated the public interest litigation by filing a writ
petition with the High Court after the killing of several Maoists and the State Secretary of
the Communist Party of India (Maoist).24 Finding that “review and accountability” of any
death caused by the action of the state “is a constitutional necessity,” the High Court held
that an FIR must be registered in the case of an encounter resulting in death, that the
opinion of an investigating officer is not conclusive and constitutes only an opinion to be

17
For a brief summary of important PIL cases over the last thirty years, see, e.g., “Important Public Interest
Litigation Cases,” Halsbury’s Law Monthly, August 2008, Available at: http://www.halsburys.in/important-
Cases-PIL.html.
18
See “Public Interest Litigation,” NGOs in India, Available at:
http://www.ngosindia.com/resources/pil_sc.php.
19
Hussainara Khatoon & Ors v. State of Bihar, 1979 Air 1360.
20
Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors, 1986 AIR 180.
21
Id.
22
Id.
23
A.P. Civil Liberties Committee (APCLC) v. The Govt of A.P., 2006 WP 15419.
24
See, e.g., Aparna Alluri, “End to impunity?” Frontline, Vol. 26, Issue 20, 26 Sept – 9 Oct 2009,
Available at: http://www.frontlineonnet.com/fl2620/stories/20091009262001700.htm.

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considered by a Magistrate, and that a magisterial enquiry “is neither a substitute nor an
alternative to the obligation” to register and investigate an FIR.25

These few cases provide a very small sample of the large number of cases that have been
brought and decided through PIL petitions. The vast array of cases demonstrates the
broad substantive scope of the PIL system. However, while the Supreme Court long
eased the requirements for submitting PIL cases and expanded the substantive areas it
addressed through PIL, the Court began to limit the scope of PIL and place restrictions on
the petitioners in such cases, developments which will be discussed in the following
section 4.5.

Self Assessment Exercise 1:

1. PIL stands for _____________________.

2. Who can file a PIL?

3. What does locus standi mean?

4.5 CURRENT DEBATES AND JUDICIAL LIMITATIONS ON PIL

Several commentators, lawyers, and judges have long criticised the growth and
widespread use of public interest litigation. Critics contend that frivolous or otherwise
inappropriate cases are often filed for political reasons, private interests, publicity
grabbing, and other less-than public interests.26 Some claim that litigants use PILs to
settle personal vendettas,27 harass others, and force individuals into settlements on
frivolous claims.28 As one commentator noted, “Of late, many of the PIL activists in the
country have found the PIL as a handy tool of harassment since frivolous cases could be
filed without investment of heavy court fees as required in private civil litigation and

25
A.P. Civil Liberties Committee (APCLC) v. The Govt of A.P., 2006 WP 15419.
26
See, e.g., Goolam E. Vahanvati, Solicitor General of India, “Misuse of PIL,” Law Resource India, 29 Jan.
2009, Available at: http://indialawyers.wordpress.com/category/pil/.
27
See Id.
28
See, e.g., Shri. Y.S. Yadivel, “Public Interest Litigation (PIL): A Boon or Bane?” Legal Service India,
Available at: http://www.legalserviceindia.com/articles/pil.htm.

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deals could then be negotiated with the victims of stay orders obtained in the so-called
PILs.29

To indicate the types of frivolous cases that individuals have brought, the Business
Standard newspaper provided a representative sample of 20 baseless PIL petitions put
forward in the course of one week in 2007.30 The petitioners in these cases sought such
relief as: India should be renamed Hindustan; the Arabian Sea should be called Sindhu
Sagar; the national anthem Jana Gana Mana should be replaced by the one offered by the
petitioner (and partly sung before the Chief Justice); the Prime Minister should be
summoned to the court to respond to certain requests, and so on.”31

The Courts themselves have recognized the often inappropriate use of PIL. While
recognizing the importance of PIL to serve “the poor, the ignorant, the oppressed and the
needy whose fundamental rights are infringed and violated and whose grievances go
unnoticed, unrepresented and unheard,” the Court in Gurpal Singh v. State of Punjab
lamented that many “busy bodies, meddlesome interlopers, wayfarers or officious
interveners” have filed “vexatious and frivolous petitions” for “personal gain or private
profit … or publicity.”32 In order to try to ensure that the latter do not continue to crowd
out other litigants from seeking necessary redress, the Court has issued several guidelines
for assessing the legitimacy of a claim brought through PIL.33 Specifically, the Court has
stated that for each case, it must ensure: “(a) the credentials of the applicant; (b) the
prima facie correctness or nature of information given by him; (c) the information [as]
being not vague and indefinite. The information should show gravity and seriousness
involved.”34

In addition to attempting to limit the inappropriate and frivolous use of PIL, more
recently, in some judgments, the Supreme Court has become even more stringent, and
with some opinions retracting from earlier judgments promoting PIL as a broad means of
effectuating justice across a wide spectrum of legal terrain. Citing concerns related to the
separation of powers and the infringement by the judiciary over executive and legislative
domains, some decisions of the Supreme Court have lamented the continuous growth of
PIL. According to Justice Katju in State of UP v. Jeet S. Bisht:

29
Shri. Y.S. Yadivel, “Public Interest Litigation (PIL): A Boon or Bane?” Legal Service India, Available
at: http://www.legalserviceindia.com/articles/pil.htm.
30
MJ Antony, “The blurred field of PILs,” Business Standard, 18 July 2007, Available at:
http://www.business-standard.com/india/storypage.php?autono=291438.
31
Id.
32
Gurpal Singh v. State of Punjab & Ors., 2005 AIR 2755. See also Ashok Kumar Pandey v. State of West
Bengal, 2003 WP (crl) 199.
33
See, e.g., Gurpal Singh v. State of Punjab & Ors., 2005 AIR 2755; Seema Dhamdhere, Secretary,
M.P.S.C. v. State of Maharashtra & Ors., 2007 AIR 5954.
34
Id.

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“Public interest litigation which was conceived and created as a judicial tool by
the courts in this country for helping the poor, weaker and oppressed sections of
society, who could not approach the court due to their poverty, has over the years
grown and grown, and now it seems to have gone totally out of control, and has
become something so strange and bizarre that those who had created it probably
would be shocked to know what it has become.”35

Referring at various times in the judgment to PIL as “blackmail,” an “uncontrollable

Frankenstein,” a “nuisance” as well as a “judicial crutch” that thwarts “creativity and …
scientific thinking,” Justice Katju contends that judges have overstepped their bounds and
must exercise judicial restraint so as not to violate separation of powers principles and
because the judiciary is ill-equipped in resources and expertise to make legislative and
executive judgments.36

While Justice Katju articulated a strong rebuke against PIL, others disagree with his
assessment, including Justice Sema in a concurrence from the same judgment. Justice
Sema noted that each case must be evaluated individually with respect to whether or not
the case is frivolous, or brought by someone seeking a private, political, or publicity
interest rather than the public interest averred.37 Further, citing past Supreme Court
precedent, Justice Sema states that the Supreme Court has long recognized the judiciary’s
ability to issue directives in the public interest when the executive or legislature have
failed to act.38

35
Common Cause (A Regd. Society) v. Union of India, 2008 AIR 2116.
36
Id. (“The justification given for judicial activism is that the executive and legislature have failed in
performing their functions. Even if this allegation is true, does it justify the judiciary in taking over the
functions of the legislature or executive? In our opinion it does not, firstly because that would be in
violation of the high constitutional principle of separation of powers between the three organs of the State,
and secondly because the judiciary has neither the expertise nor the resources for this … If the legislature
or executive are not functioning properly it is for the people to correct the defects by exercising their
franchise properly in the next elections and voting for candidates who will fulfill their expectations, or by
other lawful means e.g. peaceful demonstrations and agitations, but the remedy is surely not by the
judiciary in taking over the functions of the other organs.”).
37
Id., Concurrence, H.K. Sema (“Therefore, whether to entertain the petition in the form of Public Interest
Litigation either represented by public-spirited person; or private interest litigation in the guise of public
interest litigation; or publicity interest litigation; or political interest litigation is to be examined in the facts
and circumstances recited in the petition itself.”)
38
Id (quoting Union of India v. Association for Democratic Reforms & Another: “when the Act or Rules
are silent on a particular subject and the authority implementing the same has constitutional or statutory
power to implement it, the Court can necessarily issue directions or orders on the said subject to fill the
vacuum or void till a suitable law is enacted … if the field meant for legislature and executive is left
unoccupied detrimental to the public interest, this Court would have ample jurisdiction under Article 32
read with Articles 141 and 142 of the Constitution to issue necessary directions to the executive to subserve
public interest.”).

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Other Justices have also argued against Justice Katju’s sweeping statements, and the
debate continues regarding the scope of acceptable PIL and the role of the Courts.39

4.6 SUPREME COURT GUIDELINES FOR FILING PIL

In part as a response to early criticism of the use of PIL and to calls for limiting the huge
numbers of petitions submitted, the Supreme Court of India adopted the following
guidelines in 1988 for determining whether to accept letters or petitions submitted to the
Court:

“Letter-petitions falling under the following categories alone will ordinarily be

entertained as public interest litigations: -
1. Bonded labour matters
2. Neglected children
3. Non payment of minimum wages to workers and exploitation of casual
workers and complaints of violation of labour laws (except in individual cases)
4. Petitions from jails complaining of harassment, for pre-mature release and
seeking release after having completed 14 years in jail, death in jail, transfer,
release on personal bond, speedy trial as a fundamental right.
5. Petitions against police for refusing to register a case, harassment by police
and death in police custody
6. Petitions against atrocities on women, in particular harassment of bride, bride
burning, rape, murder, kidnapping, etc
7. Petitions complaining of harassment or torture of villagers by co-villagers or
by police from persons belonging to schedule caste and scheduled tribes and
economically backward classes
8. Petitions pertaining to environmental pollution, disturbance of ecological
balance, drugs, food adulteration, maintenance of heritage and culture, antiques,
forest and wildlife and other matters of public importance
9. Petitions from riot victims
10. Family pension
All letter petitions received in the PIL cell will be first screened in the cell and
only such petitions covered by the above mentioned categories will be placed
39
See, e.g., “Is Justice Katju facing isolation on the PIL?” Law and Other Things, 11 April 2008, Available
at: http://lawandotherthings.blogspot.com/2008/04/growing-isolation-of-justice-mkatju-on.html.

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before a judge to be nominated by Hon’ble Chief Justice of India for directions

after which the case will be listed before the bench concerned. To begin with only
one Hon’ble Judge may be assigned this work and the number increased to two or
three later depending on the work load.
Cases falling under the following categories will not be entertained as PIL and
these may be returned to the petitioners.
1. Landlord tenant matters
2. Service matter and those pertaining to pension and gratuity
3. Complaints against Central/ State Government Departments and Local Bodies
expect those relating to item number (1 to 10) above
4. Admission to medical and other educational institutions
5. Petitions for early hearing of cases pending in High Courts and sub-ordinate
courts.”40
Self Assessment Exercise 2:

Mr. XYZ was arrested on 29.09.2008, from his residence at around 1730hrs. No arrest
warrant was shown to him even though it was a petty, non-cognizable offence. He was
taken to the nearby police station. His wife Mrs. ABC along with her neighbours, Mr.
RST and Mr. GHI, reached the police station, after half an hour. The police station in-
charge refused to give them any information as to why Mr. XYZ was arrested. The wife
and the neighbours remained at the police station till 2330hrs, after which they were
driven out of the police station and asked to go back home. The next morning at 1000hrs,
when they tried to visit Mr. XYZ, the police officer in-charge refused and demanded Rs.
20000/- for the release of Mr. XYZ. However, after several requests, they had a glimpse
of Mr. XYZ and saw several visible bruises on his body. His right eye was swollen and
left ear was bleeding. The next day, his dead body was found near the municipal
corporation building. The police inspector denied that Mr. XYZ was ever arrested or
brought to the police station. He disclosed to the media that this was a case of murder and
that investigations were ongoing.

1. Is this a case fit to be filed as a PIL?

2. Who can file a PIL in this particular case?

40
Supreme Court of India, “Compilation of Guidelines to be Followed for Entertaining Letters/Petitions
Received,” 1 Dec. 1988, Available at: http://www.supremecourtofindia.nic.in/pilguidelines.pdf.

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4.7 PROCEDURAL AND WRITING TIPS FOR DRAFTING PIL PETITIONS

A PIL can be filed in two ways: 1) following the formal legal procedure of filing a writ
petition under Article 32 of the Constitution to the Supreme Court or Article 226 to the
requisite High Court, or 2) submitting a letter to the Chief Justice of India (CJI) or Chief
Justice of a High Court (CJHC). Using either format, a person attempting to initiate a PIL
should take several steps before submitting a petition or a letter. The person should
attempt to conduct preliminary investigations and research, using the types of fact-finding
and reporting methods that will be discussed further in Unit 1 of Block 3.41 The person
should attempt to discuss the matter with relevant stakeholders, including NGOs, affected
individuals, and, if possible, legal counsel.42 In such consultations, the person should
consider such questions as whether the PIL is the appropriate mechanism for addressing
the issue in question, where to file the PIL, what financial or other constraints exist in
attempting to carry out the litigation, the interests of the people for whom the PIL is
supposedly submitted, the legal and policy implications of initiating litigation for those
affected, and so forth.43

Writing Petitions

With respect to writing petitions, if you recall from Unit 1 of this Block, the Supreme
Court and each High Court has the power under Article 32 and Article 226 of the
Constitution, respectively, to adjudicate cases involving fundamental rights violations
and issue various orders and writs, including writs of mandamus, certiorari, habeas
corpus, prohibition, and quo warranto.44 The principles discussed in Unit 1 with respect
to writ petitions also apply for such petitions filed as a PIL. In general, it can prove
helpful to provide an overall synopsis (brief summary of facts and legal arguments) as
well as a list of dates and events at the start of any petition.45 Following this introductory
summary, a preamble should contain such information as the name of the court, the basis
of the court’s jurisdiction, the number of the petition, the cause title, and the description
of the petition.46 The main body of the petition should then contain an opening paragraph
about the petition, followed by a list of the questions of law involved in the petition, a
clear narration of facts, and a brief articulation of the legal grounds on which relief is

41
“Unit 1: Introduction to Criminal Justice Advocacy,” Block 3: Criminal Justice Advocacy, sec. 1.4-1.6.
42
See, e.g., Sangeeta Ahuja, supra note 2, at 863-4.
43
See, e.g., “Public Interest Litigation,” NGOs India, Available at:
http://www.ngosindia.com/resources/pil.php.
44
See “Unit 1: Writing Letters, Complaints, and Petitions,” Block 2: Criminal Justice Writing, sec. 1.5.2.
45
See, e.g., Sangeeta Ahuja, supra note 2, at 864.
46
Id., at 865.

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sought.47 The following provides an example of a general format that can be used in
drafting a writ petition for public interest litigation:

FORMAT OF PETITION

IN THE HON’BLE HIGH COURT OF JUDICATURE AT ________________

ORIGINALWRIT JURISDICTION

Public Interest Litigation No. ________________ of 2008

In the matter of Article 14 (or any other Article of Part III of Constitution) and Article
226 (Article 32 in case of filing in Supreme Court) of the Constitution of India

AND

In the matter of letter dated___________ to the Chief Minister, State of

_______________

AND

In the matter of the Colourable Exercise of Power (Or any other ground) by the State of
____________________

<Name of Petitioner/ Designation/ Address> ……..Petitioner

V/s

State of _____________________ ………………….. Respondent

(Add other parties if required)

TO

THE HON’BLE CHIEF JUSTICE AND

OTHER HON’BLE PUISNE JUDGE OF

HIGH COURT OF JUDICATURE AT BOMBAY (Or Whichever Court the Petition is

being filed in)

HUMBLE PETITION OF THE PETITIONER

47
Id., at 866.

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ABOVE NAMED MOST RESPECTFULLY SHOWETH:

<Narrate the facts> ___ ______________ __________ __________ ___ _________

_______________ ________________ ____________ _____ ______
________________ ___________ ______________ ________________ _________
_________ _______________ _________

<Relief Sought> _______________ ____________________ ____________________

________ _______________ ________ ______________ ___________________
____________ ____________ _____ _________ _____________ _______________
_______ ____ _____________

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

Place:

Date:

______________________ Petitioner

Advocate for the Petitioner:

______________________

(The Writ Petition is to be accompanied by an Affidavit signed by the Petitioner)

FORMAT OF AFFIDAVIT

I, ___________________, age __________________, occupation ________________,

residing at _________________, do hereby state on solemn affirmation that what is
stated in para. number 1 to __ is true and correct to the best of my knowledge and belief
and based on legal submission, which I believe to be true, and para. _____ contains my
humble prayer which I believe to be true and correct.

Place:

Date:

_____________ DEPONENT

Advocate _____________

Writing Letters

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With respect to writing letters, the Supreme Court established a PIL cell within the
Supreme Court Registry that reads and considers all potential PIL petitions submitted to
the Supreme Court in the form of letters.48 Upon receiving and assessing a letter, the
registry will either dispose of the letter as insufficient for instituting a PIL, or refer the
letters to such bodies as the Supreme Court Legal Aid Committee (SCLAC), the Legal
Aid and Advice Board (LAAB) of the relevant state, or the appropriate government
department; or register the letter as a writ petition to the Court.49 Many High Courts have
similarly established bodies akin to the PIL cell of the Supreme Court, as well as
guidelines for the consideration of letter petitions submitted to the court.50

While no specific format must be followed in writing a letter to the CJI or CJHC, again
the principles discussed in Unit 1 also apply for letters submitted for the purposes of
instituting a PIL. At a general level, a letter should indicate the following:

• The name, full address and designation of the petitioner

• The facts narrated clearly and in a proper sequence and in the form of numbered
paragraphs

• The date, place, and time of the occurrence of the incident/offence/wrong

• The rights being violated and under what circumstances

• The names, designation, department responsible for the violations

• Any supporting evidence, including newspaper clippings, data collected,

affidavits, photographs, and/or notices sent to Government bodies

• The relief sought

A letter could utilize the following format:

<Applicant/ Complainant Name> ……….

<Address> ………..
<Contact Details> ……….

<Date>………

To

48
See Sangeeta Ahuja, supra note 2, at 774.
49
Id., at 775.
50
Id., at 776.

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<CJI/ CJHC>………….
<Address>…………….

Subject: <…………………………………>

Sir,

<Body of the letter>…

………………………………………………..……………………………
………………………………………………… ……. ……………
…………………….. …………………………………………………………….<narrate
the facts>
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………<relief sought> ………………………………
………………… ………………

With Regards,

<Name>
<Signature>

Enclosures:

<Documents attached – Affidavits, photographs, newspaper clippings, reports, etc>

Taken together, letters and writ petitions provide an avenue for individuals to raise
important legal challenges regarding the criminal justice system or other areas of law.
While the PIL system has faced great challenges with respect to the failed
implementation of court directives, overuse and abuse of frivolous PIL petitions for
private or political reasons, and increasing limitations by the Supreme Court, public
interest litigation continues to serve as an important conduit for redress through the
courts, as part of larger advocacy efforts. As such, students should keep the lessons of
this unit in mind and refer back to it as the modules move into Block 3 and begin to
discuss criminal justice and human rights advocacy.

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4.8 SUMMARY

Introduction to PIL

¾ PIL involves cases filed under Article 32 (Supreme Court) and Article 226 (High
Court) of the Indian Constitution
¾ PIL was created to provide greater access to justice to the most marginalized
¾ PIL utilizes an alternative approach to standing, allowing individuals,
organizations, & lawyers other than those whose rights have been directly
violated to file cases

Procedural Requirements

¾ PIL allows less formal procedural requirements

¾ Individuals can submit letters, rather than filing writ petitions, to initiate a PIL
¾ Restrictions based on delays are eased
¾ Res judicata only applies if the earlier claim came in the form of a PIL
¾ Courts have adopted a more inquisitorial approach, at times appointing special
commissions to investigate, and providing for legal assistance to non-attorneys

Substantive Scope

¾ PIL cases have covered a vast array of topics, including police abuse,
environmental degradation, civil liberties infringements, etc.
¾ Hussainara Khatoon (Supreme Court) provided for the rights of undertrial
prisoners
¾ Olga Tellis (Supreme Court) provided for the rights of slum dwellers
¾ APCLC v. Govt of AP (High Court) required police to register FIRs after an
encounter death (pending before Supreme Court)

Current Debates

¾ Many have long criticized the abusive use of PIL, including the filing of frivolous
claims for private, political or other interests not in the public domain
¾ Gurpal Singh: Criticised “busy bodies, meddlesome interlopers, wayfarers or
officious intervenors” for filing “vexatious and frivolous petitions”51
¾ The Court must ensure the credentials of the applicant, the prima facie correctness
of the information, and that the information is not vague and indefinite
¾ Justice Katju: Public interest litigation has gotten out of control; the judiciary
must not violate separation of powers principles

51
Gurpal Singh v. State of Punjab & Ors., 2005 AIR 2755. See also Ashok Kumar Pandey v. State of West
Bengal, 2003 WP (crl) 199.

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Supreme Court Guidelines

¾ The Supreme Court issued guidelines with respect to the admission of PIL
petitions
¾ The guidelines accept the following cases through PIL: bonded labour, neglected
children, various grievances from those in jail, FIR registration refusal, atrocities
against women, harassment or torture in villages, environmental pollution, riot
victims, family pension
¾ The guidelines do not accept the following: landlord/tenant, service matters,
pension, other complaints against government departments, educational institution
admission, cases pending in other courts

Procedural and Writing Tips

¾ To initiate a PIL, one can file a writ petition or write a letter to the Supreme Court
or High Court
¾ Before taking such action, one should investigate, consult others, recognize the
implications, determine the appropriate forum, and take other preparations
¾ A PIL cell in the Supreme Court Registry, and various High Court registries,
assesses submitted letters and determines whether to dispose of the matter, refer
to others, or register a writ petition.

4.9 QUESTIONS FOR CONTENT

1. What is different about the rules for standing in a PIL?

2. What was the original intended purpose of developing a system of PIL cases?

3. What are some of the main criticisms of PIL in practice?

Answers to Questions for Content

1. Under traditional standing requirements, an individual can only bring a case to

court if that individual has had her/his rights infringed upon. Through a PIL,
individuals, organizations, or lawyers can bring cases on behalf of others when
they themselves have not been affected.

2. The original intended purpose was to allow more marginalized members of

society greater access to justice to have their rights deprivations addressed.

3. Some of the main criticisms subsume the idea that the PIL system has been
overused and abused. People file frivolous claims and claims for private, political,

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or publicity interests. In addition, the Supreme Court and the High Courts do not
have the ability to enforce the implementation of the decisions and directives they
lay down in public interest litigation cases.

4.10 QUESTIONS FOR DISCUSSION

1. Do you think that public interest litigation is an effective tool for bringing about
changes in the criminal justice system, or enhancing the rights of undertrials,
victims of encounter deaths, survivors of custodial torture, or others affected by
human rights abuse in the criminal justice context? Why or why not?

2. What do you think of Justice Katju’s discussion of PIL cases and petitioners?

4.11 SUGGESTED FURTHER READING IN ADDITION TO CITED

SOURCES

Dr. Kailash Rai, PUBLIC INTEREST LAWYERING, LEGAL AID AND PARA-LEGAL SERVICES,
4th ed.,( Central Law Publications 2007).

Public Interest Legal Support and Research Centre (PILSARC), Available at:
pilsarc.blogspot.com/.

Public Interest Law (PIL), India Environmental Portal, Available at:

www.indiaenvironmentportal.org.in/taxonomy/term/1255.

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