WHAT IS PUBLIC INTEREST LITIGATION ?

“Public interest Litigation“, in simple words, means, litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.

PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is “Public Interest” there are various areas where a PUBLIC INTEREST LITIGATION can be filed.

WHO CAN FILE A PUBLIC INTEREST LITIGATION?

In normal cases, it is seen that the aggrieved party i.e. the victim, who is affected has to file his case in a court of law. That person should have an interest in the dispute. But in filing of Public Interest Litigation there is no such condition. Any person can file a Public Interest Litigation. The only condition being that the same has to be filed in Public Interest. 

Public Interest Litigation is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts to protect interest of public at large.

Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognizance of the matter and precede suo motu or cases can commence on the petition of any public-spirited individual.

(The blog writer/compiler is a Management Professional and operates a Manpower & Property Consultancy Firm. Besides, he is President of "Consumer Justice Council", Secretary of "SARATHI",  Member of "Jan Manch",  Holds "Palakatva of NMC", is a Para Legal Volunteer, District Court, Nagpur & XMember of Family Welfare Committee formed under the directions of Hon. Supreme Court).