Professional Documents
Culture Documents
Environmental degradation
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
When and how to File a PIL
1.Make an informed decision to file a case.
In the Judges Transfer Case - AIR 1982, SC 149: Court held Public Interest Litigation
can be filed by any member of public having sufficient interest for public injury arising
from violation of legal rights so as to get judicial redress. This is absolutely necessary
for maintaining Rule of law and accelerating the balance between law and justice.
It is a settled law that when a person approaches the court of equity in exercise of
extraordinary jurisdiction, he should approach the court not only with clean hands but
with clean mind, heart and with clean objectives.
Shiram Food & Fertilizer case
AIR 1989, SC 2039 :- Supreme Court held in the Public Interest Litigation
filed by a human right activist fighting for general public interest that it is a
paramount obligation of every member of medical profession to give
medical aid to every injured citizen as soon as possible without waiting for
any procedural formalities.
PIL Cases in the 1970s
One of the earliest cases in the subject of Public Interest Litigation is the
famous Hussainara Khatoon case. There were a series of cases entitled
Hussainara Khatoon Vs. Home Secretary, State of Bihar reported in 1980 (1)
SCC 81, 1980 (1) SCC 91, 1980 (1) SCC 93, 1980 (1) SCC 98, 1980 (1) SCC
108 and 1980 (1) SCC 115. These were filed by an advocate in the Supreme
Court of India by way of a writ petition, in which the plight of helpless
undertrials, who were behind bars for decades, for a period much more than
they would have undergone in case of conviction, was brought to the notice of
the court. It observed that “even under our Constitution, though speedy trial is
not specifically enumerated as a fundamental right, it is implicit
in the broad sweep and content of Article 21”.
PIL Cases in the 1990s
Subhash Kumar Vs State of Bihar
The principle that free legal services to the poor and the needy
was an essential element of any reasonable, fair and just
procedure under Article 21 was upheld in M.H. Hoskot v. State of
Maharashtra 1978 (3) SCC 544
Thank You
By
M.Madhu Prakash