Public Interest Litigation In India

Ashutoosh V Tripathi, Symbiosis Law School

Introduction:

Public Interest Litigation is a legal mechanism which allows citizens or organizations to seek justice for the greater good of society. It enables individuals to approach the court to address issues that affect the public interest rather than just their private grievances. PIL has emerged as a powerful tool for social justice and promoting transparency and accountability in governance. Public Interest Litigation (PIL) is a transformative legal tool that enables citizens to advocate for societal welfare and address pressing issues. This paper aims to shed light on the evolution and impact of PIL in India, emphasizing its role in promoting social justice and governance accountability. By allowing individuals to raise public concerns, PIL has revolutionized the Indian legal landscape and fostered active citizen participation in nation- building.

Historical Background of PIL:

PIL was introduced in India during 1980s. The landmark case that laid the foundation for PIL was the “Hussainara Khatoon vs State of Bihar (AIR 1979 SC 1369)”. In this case, the Court recognized the right of undertrial prisoners to a speedy trial. Subsequently, in the case of “S.P. Gupta vs Union of India (AIR 1982 SC 149)”, the SupremeCourt of India expanded the scope of PIL by allowing letters and telegrams from public-spirited individuals to be treated as PIL petitions.