PIL

PUBLIC INTEREST
LITIGATION
BY- SWETLANA
 Contents
Introduction
What is PIL?
Features

Scope of PIL

Principles
Guidelines for admitting PIL
The First case

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 INTRODUCTION
The concept of PIL was first originated in the USA in the 1960s.
Provide legal representation to previously unrepresented groups and interests. It
includes the poor, environmentalists, consumers, racial and ethnic minorities etc.

PIL is product of Judicial Activism.

Introduced in the early 1980s. Justice V.R. Krishna Iyer
and Justice P.N. Bhagwati were the pioneers of the PIL.

It is also known as SAL- Social Action Litigation

SIL- Social Interest Litigation
CAL- Class Action Litigation
 What is PIL?
The PIL is an exception to the traditional rule of Locus Standi.
Under PIL, any public-spirited citizen can move to court for the enforcement of
rights of the disadvantaged people.

The real purpose of PIL are:

• Vindication of the rule of law

• Facilitating effective access to
justice
• Meaningful realization of the
fundamental rights
 Features
Bring justice within the reach Purpose of reducing public
of the poor masses. injury, enforcing public duty,
protection of rights etc.

Intended to promote and More assertive role of

vindicate public interest. court. Court enjoys a
degree of flexibility.
Scope of
PIL:
Against atrocities on
Guidelines Bonded labors
women
were formed
Harassment of SCs
by SC in Neglected children
and STs
1988.
Petition on
Petitions from jails environmental
pollution

Petitions from riot

Petition againstpolice
victims
 Principles
Court exercise powers under Private interest would not be
Articles 32 and 226 allowed

Can treat a letter or a The court may appoint a

telegram as a PIL commission for investigating
purposes

If court is satisfied it may not Court would ordinarily not

allow state from raising step out of their area of
question judicial review
Guidelines for 1 Must encourage genuine PIL

2
admitting PIL
Formulate proper rules

3 Verify credentials of petitioner

4 Satisfied with public interest involved

5 Priority to petition with more gravity

6 Ensure there is no personal harm

7 Ulterior motives should be discouraged

8 Impose exemplary costs on such petitioners

 The First Case
Hussainara Khatoon vs.
State of Bihar (1979)
An article published in the Indian Express in 1979 read
about the undertrial prisoners, there conditions, where
some are serving for more than their actual span of
imprisonment in Bihar.

Pushpa Kapila Hingorani, a lawyer, filed a writ of

habeas corpus to the Supreme Court, where she
demanded the release of 17 prisoners.

It was the first case of PIL.

Judgment
Supreme Court held that the detention of
these prisoners was illegal and violated
Article 21 of the Indian Constitution.

Justice Bhagwati held that speedy trial is a

fundamental right and it cannot be denied on
the grounds of lack of adequate resources.
Aftermath
It not only released the 17 prisoners of
Bihar but also 40,000 undertrial prisoners
nationwide.

Mrs. Hingorani came to be known as

“Mother of PILs”.
Movie Time
Jolly L.L.B.

PIL was filed on behalf of

the poor people who got
into an accident but didn’t
get justice due to corruption
and failure of criminal
justice system.