Reference PPT-CPC

Public Interest
Litigation
SUBJECT: THE CODE OF CIVIL PROCEDURE,1908
Anirudh KD
42320341008
Introduction
PIL being borrowed from the American jurisprudence : where it was designed to
provide legal representation to previously unrepresented groups like the poor,
racial minorities, unorganized consumers, citizens who were passionate about
environmental issues, etc.
Some of the matters which are entertained under Public Interest Litigation
For e.g.
- Violation of basic human rights of the poor
- Content or conduct of government policy
- Compel municipal authorities to perform a public duty.
- Violation of religious rights or other basic fundamental rights
are Neglected Children, Bonded Labour matters, Atrocities on Women, Non-
payment of minimum wages to workers, exploitation of casual workers, food
adulteration, Environmental pollution, and disturbance of ecological balance,
Maintenance of heritage and culture, etc.
CASE LAW
Since PIL is not been defined in any Indian statute

courts have interpreted and defined PIL
JANATA DAL V. H.S CHAUDHARY
The Hon’ble SC, in the case held that the expression PIL
means a legal action started in a court of law for the
enforcement of public/general interest where the public or
interest of a particular class of the society affects their
legal rights or liabilities
s
Procedure to File PIL in India
Any Indian citizen or organisation can move the court for a public interest/cause by
filing a petition:
1. In the SC under Article 32
2. In the High Courts under Article 226
The court can treat a letter as a writ petition and take action on it. The court has to be
satisfied that the writ petition complies with the following: the letter is addressed by
the aggrieved person or a public-spirited individual or a social action group for the
enforcement of legal or constitutional rights to any person who, upon poverty or
disability, are not able to approach the court for redress. The court can also take action
based on newspaper reports if it is satisfied with the case.
AGAINST WHOM PUBLIC INTEREST LITIGATION CAN BE
FILED???
A Public Interest Litigation can be filed against a State/ Central Govt., Municipal
Authorities, and not any private party.
The definition of State is the same as given under Article 12 of the Constitution
this includes the Governmental and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the territory of
India or under the control of the Government of India. According to Art.12, the term
State includes the Government and Parliament of India and the Government and the
Legislatures of each of the States and all local or other authorities within the territory of
India or under the control of the Government of India.
CASE LAW
ELECTRICITY BOARD,
RAJASTHAN V/S MOHAN LA
the Supreme Court held that other authorities would

include all authorities created by the Constitution of
India or Statute on whom powers are conferred by law.
However, Private party can be included in the PIL as Respondent, after making
concerned state authority, a party. For example- if there is a Private factory in Delhi,
which is causing pollution, then people living nearly, or any other person can file a PIL
against the Government of Delhi, Pollution Control Board, and against the private
factory. However, a PIL cannot be filed against the Private party alone.
CONCLUSION
Public Interest Litigation is working as an important instrument of social
change. It is working for the welfare of every section of society. It's the sword
of every one used only for taking the justice. The innovation of this
legitimate instrument proved beneficial for the developing country like
India.
PIL represents the first attempt by a developing common law country to

break away from legal imperialism perpetuated for centuries. It contests the
assumption that the most western the law, the better it must work for
economic and social development such law produced in developing states,
including India, was the development of under developed men. It is one of the
most commonly used forms of litigation, especially in environmental cases.

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Reference PPT-CPC

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Public Interest

Since PIL is not been defined in any Indian statute

the Supreme Court held that other authorities would

PIL represents the first attempt by a developing common law country to

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