Picture credits-medium.com Public Interest originated from United states of America in year 1980. The architect of PIL in India are Justice P.N. bhagawati and justice Krishnan Iyer in Bandhua mukti morcha case  . PIL is a part of judicial activism, basically this PIL is to protect the rights of poor. PIL was introduced in India due to various reasons such as lack of availability of common public law during period of 1970 , when emergency was imposed on the country, there was no remedy for the violation of rights of the common people ,another basic reason was the expensive legal fee which was not convenient for the lower middle class strata which comprised more than half of the population but still they could not opt for legal remedy in case of any violation of rights due to lack of funds also the lack of legal knowledge contributed towards a blind spot in providing justice to the masses . All of this led to the introduction of a judicial remedy which was open to all and provided justice to whoever approaches the court regardless of their financial status , the main idea was not to go through the formalities of court has to be provided with a hassle free judicial system. PIL must be filed by socially minded person to promote the rights of public not his own then it is called PIL , if his rights gets involved in it then it gets private interest litigation . PIL is non- adversarial that is the Bar and the bench both are trying to find a common solution to the problem at hand . Here the concept of “locus standai” does not apply because it can also be filed by a socially minded person, it promotes class interest not the individual interest because it is aimed at providing speedy and inexpensive justice at the doorstep of people. It is based on the process of Pro bono public that is for the welfare of the people.  In PIL proceeding power of judicial review and writ jurisdiction is used , power of judicial review is under Supreme Court and Writ jurisdiction is with SC under article 32 and with HC under article 226  . PIL can only be filed before the SC and before the HC . PIL proceeding are special type of proceedings for which special procedure has been formulated by the courts. Court fee need not to be attached directions may be issued against individual and the state . Relief may come in forms of directions or monetary compensation to be provided to the aggrieved person. PIL has promoted the socialistic agenda and dignity of individual it has ensured the equal protection of the laws. It has promoted good governance and also enormously increased the level of awareness of people about their own rights and role of judiciary in safeguarding those rights, PIL has come as a boon to the country uptil now as it has made the government more accountable and also helped in eradication of corruption in the country to an extent . It has helped in amplifying the scope of Art. 19(1)(a) and art. 21  . However every boon comes with a bane , every coin has two sides similarly there has been misuse of PIL in ways which is not beneficial to the country . Clever minded individuals promote their own interest in name of PIL . It is doorway of various litigations hence it chokes the already overburdened judiciary. In response to certain arising problems various corrective measures have also been taken by the judiciary to ensure smooth functioning of PIL and has to maintain the true essence and idea behind its establishment and to stand on the principle that justice is the right of each and every individual who is willing to seek for it.
Author - Aeshna Raghuwanshi , CONTENT WRITER, LEGAL EAGLE.