What are the Essentials of PIL?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

The Essentials of PIL are that legal wrongdoing must have happened with a person to be eligible to file a PIL. PIL refers to Public Interest Litigation which in India means litigation for the protection of public interest. The court maintains that in order to file a PIL. It is actually a kind of power provided to the general public by the courts through ‘judicial activism.’

Essentials of Public Interest Litigation (PIL)

Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of this concept of Public Interest Litigation (PIL). They were the ones who introduced PIL into the Indian judicial system. Justice P.N Bhagwati has pointed out certain essentials for PIL as follows:

  • The aggrieved party must be the victim of legal wrongdoing that is punishable as a violation of any constitutional or legal right in order to file a PIL.
  • The victim must be in a position where he or she is unable to contact the court for a variety of reasons, such as poverty or other socioeconomic factors.
  • If all of the conditions are met, any public representative or member may file a complaint on behalf of the victim.
  • The court must ensure that the PIL is in the public interest or for the greater good, rather than for the victim’s personal benefit.
  • If all of the conditions are met, the court can act on a letter addressed to it.

What is PIL?

A PIL is used to protect one’s rights and to fight against wrongdoing. It is also not necessary for the victim to personally approach the court; instead, the court or any other private party may do so. This usually occurs when the victim lacks the financial resources to file the PIL and continue with the process.

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