Source: The post Public Interest Litigation (PIL) in India has been created, based on the article “Chuck PIL chaff, stick to public interest” published in “Economic Times” on 20 September 2025. Public Interest Litigation (PIL) in India.
Syllabus: GS Paper- 2- Separation of Powers between various organs Dispute Redressal Mechanisms and Institutions.
Context: Public Interest Litigation (PIL) in India, introduced in the landmark case Hussainara Khatoon v. Home Secretary, State of Bihar (1979), has become an important tool for securing justice, particularly for marginalized and vulnerable sections of society.
Historical Background of PIL:
- PILs emerged to address human rights violations, such as the Hussainara Khatoon case, which highlighted inhumane prison conditions and prolonged detention of undertrials in Bihar.
- Over the years, PILs have been utilized to bring attention to issues of social justice, environmental protection, and corruption, among others.
- From 1985 to 2019, nearly 9.23 lakh PILs were filed, reflecting a surge in the number of cases being brought to court.
- This surge has put a strain on the judicial system, causing delays in addressing more pressing and serious cases.
Judicial Scrutiny and Misuse of PILs:
- While PILs were originally conceived to safeguard public interest, there has been an increasing trend of their misuse for personal interests or symbolic gestures.
- The Supreme Court has occasionally dismissed frivolous PILs, such as the case seeking the reconstruction of a damaged idol at Khajuraho’s Javari Temple, stressing that PILs should focus on public issues, not personal or religious concerns.
- The judiciary has been active in curbing the abuse of PILs by imposing fines on petitioners who misuse the process.
- In cases such as those dismissed in July 2023, the court emphasized that the judicial system should focus on genuine public interest matters, not distractions caused by trivial petitions.
Importance of Judicial Prudence:
- The Supreme Court’s action in the Khajuraho case serves as a reminder that PILs should only be used to address issues that impact public welfare.
- It ensures that the judicial system remains efficient, maintains credibility, and continues to protect the rights of vulnerable groups, rather than becoming overwhelmed by unimportant cases.
Question: Discuss the evolution of Public Interest Litigation (PIL) in India, the challenges it faces, and measures to prevent its misuse while ensuring it serves public welfare.
