Petition for PIL – A Voice Beyond the Individual

In the Indian legal system, Public Interest Litigation (PIL) serves as a powerful bridge between the judiciary and public concerns. Unlike traditional litigation—where only aggrieved individuals have the right to be heard—PIL enables any citizen or organization to seek legal remedy on behalf of those who are marginalized, silenced, or unable to access justice.

The concept of PIL gained constitutional traction during the late 1970s and early 1980s, when progressive judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer revolutionized the meaning of locus standi (the right to bring a legal action). In S.P. Gupta v. Union of India (1981 Supp SCC 87), the Supreme Court held that any member of the public acting bona fide could approach the court for the enforcement of constitutional or legal rights of people who are poor, illiterate, or in socially or economically disadvantaged positions.

PILs are generally filed under Article 32 of the Constitution (in the Supreme Court) or Article 226 (in High Courts). These articles empower the courts to issue directions or orders for the enforcement of fundamental rights. What distinguishes PILs is that the petitioner doesn’t need to be personally affected. What matters is public interest and genuine intent—criteria that were emphasized in Ashok Kumar Pandey v. State of West Bengal (2004) 3 SCC 349, where the court warned against frivolous or politically motivated PILs.

The procedure for filing a PIL is comparatively straightforward. In many cases, even a letter addressed to the Chief Justice or a judge may be treated as a PIL if it highlights gross injustice or human rights violations. This was the case in Bandhua Mukti Morcha v. Union of India (AIR 1984 SC 802), where bonded laborers’ rights were brought to light through a letter.

Standard legal textbooks, such as M.P. Jain’s Indian Constitutional Law (Chapter 9) and D.D. Basu’s Introduction to the Constitution of India (Chapter 10), provide a detailed examination of the emergence and evolution of PILs. They cover landmark decisions that show how PILs have addressed environmental protection (as seen in MC Mehta v. Union of India), custodial deaths, prison reform, child labor, and slum demolition.

Over time, courts have established filters to prevent abuse of PIL. In State of Uttaranchal v. Balwant Singh Chaufal (2010) 3 SCC 402, the Supreme Court outlined guidelines to discourage misuse, highlighting that PIL is a tool for the vigilant citizen, not for the vindictive litigant.

Today, if you want to file a PIL, you can find basic information on how to do so through government portals like:

Supreme Court of India – FAQs on PIL

Legal Services India – PIL Filing Process

National Legal Services Authority (NALSA)

Despite criticisms and occasional misuse, the Petition for PIL remains a cornerstone of democratic accountability. It allows the law to transcend procedural rigidity and reach where silence and suffering often go unnoticed. In a society marked by sharp inequalities, PIL empowers ordinary citizens to uphold the rights of the unheard.

If used with sincerity and responsibility, PILs can continue to remind us that justice need not wait at the courtroom door—it can begin with one voice, speaking for many.
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