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public interest litigation

English · Courts and procedure

Meaning. Litigation in which any public-spirited person may seek relief for the public or for those unable to approach court.

Public interest litigation (PIL) is an Indian development of the late 1970s and early 1980s. The Supreme Court relaxed the traditional rule of locus standi so that a citizen, NGO or journalist acting bona fide could approach it under Article 32, or the High Court under Article 226, for disadvantaged groups or diffuse public wrongs. Letters and newspaper reports have been treated as petitions (epistolary jurisdiction).

The proceedings are non-adversarial; courts appoint commissions, amici curiae and continuing mandamus. Limits: the petitioner must act bona fide and not for private, political or publicity motives; frivolous PILs are dismissed with costs. Undertrial prisoners, bonded labour and environment cases were early examples.

Example

The newspaper report on undertrials held beyond the maximum sentence was converted into a public interest litigation.

In Indian law

See also

locus standi · judicial activism · continuing mandamus · writ

Read more in the study notes

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