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Public Interest Litigation

1) A Public Interest Litigation (PIL) is a legal case filed in court to protect public interests, usually regarding negligence by a public institution or large corporation. 2) PILs do not need to be filed by an affected person, but can be filed by any member of the public, such as an NGO, as long as the matter is not frivolous. 3) Successful PILs in India include cases regarding mistreatment of prisoners in Bihar in 1979 and establishing separate cells for female convicts to prevent custodial violence in 1983.

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66 views

Public Interest Litigation

1) A Public Interest Litigation (PIL) is a legal case filed in court to protect public interests, usually regarding negligence by a public institution or large corporation. 2) PILs do not need to be filed by an affected person, but can be filed by any member of the public, such as an NGO, as long as the matter is not frivolous. 3) Successful PILs in India include cases regarding mistreatment of prisoners in Bihar in 1979 and establishing separate cells for female convicts to prevent custodial violence in 1983.

Uploaded by

Toheedullah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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3/8/2019 What is a Public Interest Litigation?

- Vakilsearch

What Is A Public Interest Litigation?


By Suraj Sharma - March 23, 2016

A Public Interest Litigation (PIL) is a matter introduced in a court of law to protect the interests of
the public (usually, negligence by some public institution or large corporate). It is not necessary
for an a ected person to le a PIL; it may be led by any member of the public (including say, an
NGO), so long as it is not just a frivolous matter. Over the past few decades, there have been
many victories through PILs. The history of the PIL begins around 1980 in India, when Justice
Krishna and Justice P M Bhagwati and other judges of the Supreme Court opened the gates for
judicial activism in India.

How to File a PIL


To le a PIL, you need to le a petition. Depending on the gravity of the case, you would le such
a matter:

1. In Supreme Court under Article 32 of the Constitution;


2. In High Court under Article 226 of the Constitution; or
3. In the Magistrate’s Court under Section 133 of Civil Procedure Code

In Supreme Court, you must le ve copies of the petition with the court and provide proof that
advance notice has been served upon each respondent.

If in High Court & Magistrate’s Court, you must le two copies of the petition with the court and
2
also provide proof that advance notice has been served upon each respondent.
Hi there!

The court fee is Rs. 50 for each respondent is to be paid along with the notice.

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3/8/2019 What is a Public Interest Litigation? - Vakilsearch

Successful PILs
1. Hussainara Khatoon v. State of Bihar, 1979: Mistreatment of undertrials in Bihar.

2. Sheela Barse vs State of Maharashtra, 1983: Due to custodial violence, separate cells were
established for female convicts.

3. MC Mehta vs Union of India, 1988: Environmentalist MC Mehta successfully used the PIL to
stop tanneries from letting waste ow into the Ganges.

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Suraj Sharma
Vakilsearch's resident expert on starting up, compliance and accounting, he holds a Masters in Accounting and
an LLB.

Hi there!

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