What are the Essentials of PIL?

By Shivank Goel|Updated : September 5th, 2022

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 essential that legal wrongdoing must have happened with a person to be eligible to file a PIL.

PIL is actually a kind of power provided to the general public by the courts through 'judicial activism'. A PIL is used in order to protect one's rights and fight against any such wrongdoing. It is also not necessary for the victim to personally approach the court, but it can be done by the court itself or any other private party. This happens usually in cases where the victim does not possess enough resources to file the PIL and carry on with the process.

Essentials of Public Interest Litigation

Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of this concept of Public Interest Litigation. 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:

  • In order to file a PIL, the aggrieved party must be the victim of legal wrongdoing and thus punishable as a violation of any constitutional or legal right.
  • The victim must be in a position that makes him/her unable to reach out to the court themselves due to various reasons such as poverty or other socio-economic reasons.
  • If all the conditions are proved right, then any public representative or member can file a complaint for the victim.
  • The court must ensure that the PIL is in the interest of the public or for the greater good and not for any personal benefit of the victim.
  • If all conditions are met, the court can act on the basis of a letter addressed to it.

Related Questions:-

Comments

write a comment

FAQs

  • A PIL refers to Public Interest Litigation.

  • Justice V R Krishna Iyer and Justice P N Bhagwati were responsible for introducing the concept of PIL in the Indian judicial system.

Featured Articles

Follow us for latest updates