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PUBLIC INTEREST LITIGATION AND LOCUS STANDI IN INDIA

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Authored By: Nitya Ramachandran

Government Law College, Coimbatore

ABSTRACT

This article examines the evolution of Public Interest Litigation (PIL) in Indian administrative law, highlighting the relaxation of the locus standi rule. It argues that PIL serves as a judicial mechanism to enhance access to justice for marginalized groups by allowing public-spirited citizens to advocate for broader community grievances. The article emphasizes the courts’ expansion of the circumstances under which claims can be made, and discusses PIL’s role in promoting social justice and accountability regarding fundamental rights and administrative actions. It concludes with reflections on the constitutional foundations of PIL, the importance of writs, potential abuses, and the need for measures that uphold democracy, transparency, and the rule of law in India.

INTRODUCTION

Administrative law is chiefly about regulating the operation of public authorities and ensuring the use of governmental power is lawful. One of its main objectives is to protect individuals and communities from arbitrary, unfair, or excessive conduct by the administration. Historically, however, the rule of locus standi, which places restrictions on the ability to enforce rights in the courts under private law, has predominated in India when enforcing rights against a public authority. Under the rule of locus standi, only a person personally and directly affected by an administrative action can seek relief from the courts on that basis. This principle worked reasonably well in cases involving private disputes. However, when the case raises a public wrong or collective grievance, the rule of locus standi was highly restrictive – even more so when those affected were poor and illiterate members of society and/or marginalized groups.

There was an opportunity for Public Interest Litigation (PIL) to fill this vacuity in the late 1970s and early 1980s when the judiciary came to realise that access to justice could not be confined solely to the privileged and resourceful people. In a number of progressive judgements, the courts relaxed the literal rule of locus standi – which forbade public-spirited individuals, lawyers, journalists, and others, or even non-governmental organisations, from petitioning on behalf of those who could not, normally, have done so. The case law effectively redefined the role of the judiciary from a passive arbiter of disputes, to an active guardian of constitutional rights and public accountability.

The very heart of PIL is its ability to engage with justice through a democratic process and to hold administrative authorities accountable for their actions. PIL can now be used in a variety of matters – including bonded labour, custodial violence, environmental degradation, public integrity, and even the denial of basic human rights. By extending the scope of judicial review before the courts and loosening procedural impediments, PIL has transformed Indian administrative law into a mechanism not just for the protection of individual rights, but also for the promotion of social justice and good governance.

MEANING AND ORIGIN OF PIL

MEANING

Public Interest Litigation (PIL) is a judicial strategy to provide justice to those individuals whose fundamental rights have been violated or infringed but due to their socio-economic backwardness they are unable to appear before the judicial authorities for vindication of their rights[1]. Public Interest Litigation is considered as “participative justice”. It is to vindicate the rights of many persons, even of masses, the poor, etc., as Rule of law demands that justice should be available to all[2].

In this regard, PIL is a legal procedural that allows any individual, group or organization to file a petition in court for the protection of social or public rights, especially when social issues or social rights are implicated. Unlike regular litigation, the person initiating the or public interests action is not required to be a direct victim, and therefore it is a significant mechanism to promote justice for disadvantaged populations.

ORIGIN OF PIL

The origin of PIL can be traced back to the 1960s in the United States, where it was first introduced as a means to provide legal aid to underprivileged sections of society. PIL not only provided legal aid to the poor but also helped raise public awareness on various social issues. Several nations have adopted this idea, though with some variations in its application. In India, the concept of PIL was first introduced in the case of Hussainara Khatoon v. the State of Bihar[3] in 1979. After the Hussainara Khatoon case, PIL has become a powerful weapon for litigating public grievances in India. PIL opened up new avenues for citizens to directly approach the court for redressal of their grievances. PIL in now being used successfully in India in several cases related to environmental protection, protection of human rights, women’s rights, and other judicial reforms.

The Supreme Court’s relaxation of the standing requirements has also made filing PILs easier in India. Normally, only a person who is directly and personally affected by a legal dispute can file a case in court. But in PIL cases, a person who has no direct stake in the said dispute can also approach the court if he or she believes that the dispute affects the public at large[4].

NATURE OF PIL

Public interest litigation is a totally different field of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and the other opposing such claim or resisting such relief. PIL is brought before the court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary litigation, but it is intended to promote and vindicate public interest which demands that violations of constitutional or legal rights of a large number of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredressed[5].

THE CONCEPT OF LOCUS STANDI

The term “locus standi” can be understood as legal capacity to challenge an act, an order or a decision. This is one of the most vexed questions of administrative law. Where a party who has no locus standi files a petition, it need not be heard on merits[6]. The concept of “locus standi” is being liberalised and the scope of the concept is being expanded day to day. A person claiming a share in the compensation awarded can be said to be a “person interested”[7] but a purchaser of a portion of a land after its acquisition and award will not become a “person interested”[8].

RELAXATION OF LOCUS STANDI IN PIL

TRADITIONAL RULE

Under conventional administrative law, the doctrine of locus standi ruled that only a person whose legal right had been adversely affected could apply to the court for assist ance. This narrow construction was appropriate for private disputes but did not work well for matters of public wrongs when the most affected individuals were likely impoverished, illiterate, or in some other form of social disadvantage and unable to seek help in the courts.

RELAXATION IN PIL

The common rule of locus standi is relaxed so as to enable the court to look into the grievances complained on behalf of the poor, deprived, illiterate and the disabled who cannot vindicate the legal wrong or legal injury caused to them for any violation of any constitutional or legal right[9].

The relaxation of locus standi in PIL was a significant landmark in Indian jurisprudence by enabling the courts to entertain cases filed not only by those directly affected but also by or on behalf of public-spirited persons or institutions representing a disadvantaged group who would not be able to approach the courts on their own. Under normal tort, contract, or statutory, a person could only file a case if their rights were directly violated or infringed but the strict requirement of locus standi often made it impossible to provide effective legal remedy when there police violence or bonded labour or environmental degradation taking place. This relaxation of the strict requirement of locus standi made the judicial process democratic, increased access to courts, and ultimately turned PIL into a powerful tool to enforce fundamental rights and even become accountability mechanisms for administrations about social justice[10].

In SP Gupta v. Union of India (1982)[11] it was held that any member of public or a social action group acting in a bona-fide manner can file a petition for an appropriate direction, order or writ in high courts under article 226[12] of the constitution in case of violation of any fundamental or legal rights or in Supreme Court under article 32[13] of  the constitution in case of violation of fundamental rights seeking judicial redress for legal wrong or injury caused to a person or determinate group of persons who due to disability arising out of their social or economic conditions cannot approach the court. Thus any citizen or a social group can approach the constitutional Courts of the country seeking legal remedies where the interest of general public is at stake[14].

CONSTITUTIONAL PROVISIONS

While the term “Public Interest Litigation” itself is not mentioned in the Constitution of India, the idea has been developed juidicially through a liberal interpretation of constitutional provisions relating to fundamental rights and writ jurisdiction.

Article 32 and Article 226 are significant for ensuring easy access to justice in a form of writ for citizens. Under the Constitution of India, the two articles are basic provisions for citizens to be able to access judicial remedies for enforcing their rights. The two articles provide for rights to applicants for access to courts for the protection of their fundamental rights, but they arise in different contexts and have different scopes[15].

WRITS UNDER THE INDIAN CONSTITUTION

A writ petition can be termed as a formal written order issued by a judicial authority that possesses the authority to do so. The meaning of the word ‘Writs’ means command in writing in the name of the Court. It is a legal document issued by the court that orders a person or entity to perform a specific act or to cease performing a specific action or deed[16]. These judicial orders protect individual rights by compelling authorities to act lawfully, preventing jurisdictional overreach, challenging unlawful detentions, and ensuring public officials meet legal qualifications. The writs serve as critical mechanisms for safeguarding legal and fundamental rights through judicial intervention[17].

KINDS OF WRITS

Habeas Corpus

Habeas Corpus, which literally means “to have the body”, is a writ whose purpose is to have a person released from illegal detention or custody. The court commands that person to its presence to determine the validity of the detention. If the court finds the detention arbitrary, it orders the person’s release into custody. The fundamental principle of Habeas Corpus is the right to freedom. This kind of order cannot be issued where the arrest order by the competent authority appears prima facie within jurisdiction and lawful. The writ can be issued against public authorities and individuals[18]. The application for Habeas Corpus can be made by the detained person or on behalf of the detained person by their family or friend.

In the case of Sunil Batra v. Delhi Administration (1980)[19], an application in the form of a letter was filed before the apex court by a prisoner in the place of his prison inmate stating the manhandling by the jail officials. The apex court issues the writ of Habeas Corpus upon the application which clarified that the writ is not only available against wrongful detention but for the protection against indecent behaviour during the period of detention[20].

Mandamus

The literal meaning of mandamus is “we command”. The court issue is the form of a direction to public authority to perform a particular task. It must be filed in good faith by the person having the legal right. It can be issued against government, public officials, inferior courts, tribunals and public corporations. It is issued against the public authority denying performing its duty or has failed to do so. It cannot be issued against private individuals, President and Governors, and Chief Justice[21].  

Certiorari

It stands for “to certify”. The writ can be issued when the court finds the decision of the lower court erroneous or beyond its authority. It is used as curative writ petition. The court has the authority to take charge of the case by transferring it before itself or quashing the verdict of another inferior court. Before 1991 the writ was only allowed to be issued against the judicial authority or quasi-judicial authority and not the administrative authority but post 1991 1it can be issued against the administrative authority as well. It cannot be issued against private people.

Quo Warranto

Quo- warranto stands for “by what authority or warrant”. It is used by the court to stop the excessive use or abuse of authority. The court issues the writ to ask the public official to table his authority of holding that office, and court can suspend his authority[22]. It cannot be issued against private individuals. The objective is to prevent the illegal usurpation of a public office and to ensure that only duly qualified persons occupy positions of power.

Prohibition

It means “to prohibit”. The purpose of the writ is to preclude judicial, quasi-judicial bodies and tribunals from acting outside the scope of their authority. It functions similarly to a mandamus because it directs the authority to stop all actions. A higher court can issue this against a lower court. The purpose of directing the inactivity is to prevent the excessive exercise of jurisdiction. It cannot be invoked against members of the legislature, administrative bodies, and a private individual[23].

ROLE OF WRITS IN ADMINISTRATIVE LAW

Writs serve an important purpose in administrative law by providing a framework for judicial oversight of the exercise of administrative powers. Writs ensure that public authorities do not exceed the limits of their lawful authority; act in compliance with the rules of natural justice, and do not misuse or abuse of powers. The provision of a speedy and effective remedy for citizens against arbitrary administrative action is an important issue for writs, as they promote rule of law and protection of fundamental rights. Writs further ensure that government is accountable, transparent and responsive to constitutional mandates[24].

IMPORTANCE OF PIL IN ADMINISTRATIVE LAW

PIL has played a crucial role in bringing about political and social change in India as well as in bringing to light and addressing a variety of public issues. PIL has been used to improve the living circumstances of those who are marginalized, including convicts, slum dwellers, and bonded labourers, as well as to defend their rights. It is employed to protect the interests of groups for whose basic rights have been established. Making justice accessible to the disadvantaged and marginalized was the initial purpose of PILs. It aimed to guarantee that everyone had access to the legal system. Judicial review was then included to PIL’s scope in order to fulfil the legal duties of the legislative and executive branches. PILs guarantee judicial review of administrative actions and improve public participation. PILs are frequently used to evaluate a failure to act, question the legality of a decision or action, or contest the judgments of public bodies within the guidelines of judicial review[25].

PIL AND ADMINISTRATIVE ACCOUNTABILITY

Public Interest Litigation has enhanced administrative law by:

  • Advancing transparency and taking away discretion in governance.
  • Bringing administrative authorities under the Constitution.
  • Expanding the parameters for judicial review to include issues of social and collective interests.
  • Affording legal protection to those marginalized groups unable to access other forms of justice.

REASONS FOR GROWTH OF PIL IN INDIA

Expansion of Fundamental Rights

The right to life was understood to include rights to health, clean environment, livelihood, shelter and dignity. PIL became the principal method to enforce these extended rights.

Judicial Activism

The Supreme Court especially under Chief Justice P.N. Bhagwati expanded locus standi to enable disadvantaged groups to seek justice signified a shift role to judicial activism. The Hussainara Khatoon v. State of Bihar (1979)[26] case sheds light on judicial activism relating to the rights of under-trial prisoners.

Protection of Marginalised Groups

PILs have performed a vital function and role in the rights of vulnerable groups and the environment when government action is deficient[27].

Simplified Access to Justice

By loosening of locus standi, PIL have permitted NGOs and activists to act on behalf of marginalised, judicial activism thus allows court to define, relieve and answer does not have direct access.

Media Influence

The media has been instrumental in creating awareness of important PIL cases, shaping public opinion and impacting greater litigation in the public interest. For instance, the representative case The Narmada Bachao Andolan case (2000)[28] received significant media attention and raised public awareness about displacement from dams.

Legal Aid Movements

Legal aid movements and the provision of free legal services have also led to more citizens presenting their cases in the court for relief, which led to increased PILs. Legal Services Authorities Act, 1987[29] provided a foundation for free legal aid to allow people living in poverty to seek judicial relief in PILs.

Judicial Response to Executive Inaction

PILs have often been used as a tool to compel government action where the executive has failed to take action on critical public issues. The representative case Vishaka v. State of Rajasthan (1997)[30] is a strong example of the Supreme Court explicitly creating guidelines on how to prevent sexual harassment in the workplace.

Technological Advancements

The digitalization of court records and accessibility of legal resources online has enabled citizens to file PILs with greater ease, broadening public engagement with the judiciary[31].

CONCLUSION

The development of Public Interest Litigation (PIL) and the relaxation of the rule on locus standi indicate a change in the way things are done in Indian administrative law. Traditionally, the strict application of the rule on locus standi limited access to the courts to only those with a direct personal interest, effectively denying many groups in society legal remedies. With PIL, the courts themselves recognized that justice should not remain the province of the few but should be broadly available to everyone, especially those who are poor, marginalized or socially disadvantaged.

PIL has been significant in making public authorities accountable to the citizens, providing transparency in governance and forcing the State to comply with constitutional principles. By addressing problems relating to the protection of human rights, the environment, labour welfare and good governance, the courts have transformed administrative law into an agent of social change. At the same time, the abuse of PIL through frivolous or political motivated petitions has raised questions of judicial activism and the undermining of what were understood to be genuine public causes. In the future, a careful balance of activism and restraint is necessary. In the right hands, PIL paired with the relaxed doctrine of locus standi will continue to uphold democratic values, fortify rule of law, and ensure that government power is kept responsible to society.

REFERENCE(S):

STATUTES

  • India Const. art. 226.
  • India Const. art. 32.
  • The Legal Services Authorities Act, 1987.

BOOKS

  • Yashomati Ghosh, Textbook on Administrative Law 442 (1st ed. 2016).
  • Kant Mani, Principles of Administrative Laws 635 (2019).
  • K. Takwani, Lectures on Administrative Law 368 (6th ed. 2020).
  • Justice P.S. Narayana, Public Interest Litigation 122 (2nd ed. 2003).
  • P. Sathe, Administrative Law 377 (5th ed. 1996).
  • Rega Surya Rao, Lectures on Administrative Law 166-170 (2nd ed. 2019).
  • P. Jain & S.N. Jain, Principles of Administrative Law 278 (4th ed. 2002).21 S.P. Sathe, Administrative Law 343 (5th ed. 1996).

CASES

  • Hussainara Khatoon State of Bihar, 1979 AIR 1369 (India).
  • Charan Lal Sahu Giani Zail Singh, 1984 AIR 309 (India).
  • Karanpura Development v. Union of India, AIR 1988 SC 1478 (India).
  • P. Gupta v. Union of India, AIR 1982 SC 149 (India).
  • Sunil Batra Delhi Administration, 1980 AIR 1579 (India).
  • Narmada Bachao Andolan Union of India & Ors., AIR 2000 SC 3751 (India).
  • Visakha & v. State of Rajasthan & Ors., AIR 1997 SC 3011 (India).

WEBSITES

[1] Yashomati Ghosh, Textbook on Administrative Law 442 (1st ed. 2016).

[2] Kant Mani, Principles of Administrative Laws 635 (2019).

[3] Hussainara Khatoon v. State of Bihar, 1979 AIR 1369 (India).

[4] Anju S. Nair, Origin and Meaning of Public Interest Litigation in India, corpbiz (11/09/2025 6:34 AM), https://corpbiz.io/learning/origin-and-meaning-of-public-interest-litigation-in-india/.

[5] C.K. Takwani, Lectures on Administrative Law 368 (6th ed. 2020).

[6] Charan Lal Sahu v. Giani Zail Singh, 1984 AIR 309 (India).

[7] Karanpura Development Co. v. Union of India, AIR 1988 SC 1478 (India).

[8] Justice P.S. Narayana, Public Interest Litigation 122 (2nd ed. 2003).

[9] Manisha Choudhary, Changing Contours of Locus Standi in Indian Constitutional Jurisprudence, UKCA (11/09/2025 6:34 AM), https://www.ukca.in/2010/07/10/changing-contours-of-locus-standi-in-indian-constitutional-jurisprudence-2/.

[10] S.P. Sathe, Administrative Law 377 (5th ed. 1996).

[11] S.P. Gupta v. Union of India, AIR 1982 SC 149 (India).

[12] India Const. art. 226.

[13] ibid. art. 32.

[14] Tushar, Public Interest Litigation (PIL), Plutus IAS (11/09/2025 6:35 AM), https://plutusias.com/public-interest-litigation/.

[15] Dr. Rega Surya Rao, Lectures on Administrative Law 166-170 (2nd ed. 2019).

[16] Mayashree Acharya, Writs in the Indian Constitution, ClearTax (11/10/2025 12:28 PM), https://cleartax.in/s/writs.

[17] Yagay And Sun, An Introduction to the Writs Under the Indian Constitution, TaxTMI (11/10/2025 12:29 PM), https://www.taxtmi.com/article/detailed?id=14249.

[18] Drishti Judiciary, Writs, Drishti Judiciary (11/10/2025 12:30 PM), https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/writs.

[19] Sunil Batra v. Delhi Administration, 1980 AIR 1579 (India).

[20] Drishti Judiciary, Writs, Drishti Judiciary (11/10/2025 12:40 PM), https://www.drishtijudiciary.com/to-the-point/ttp-constitution-of-india/writs.

[21] ibid. 

[22] Mrinmoy Bannerjee, Writs in Constitutional Law – LAW NOTES for Legal Studies, Studocu (11/10/2025 12:48 PM), https://www.studocu.com/in/document/university-of-calcutta/ba-llb/writs-law-notes/113738699.

[23] M.P. Jain & S.N. Jain, Principles of Administrative Law 278 (4th ed. 2002).21 S.P. Sathe, Administrative Law 343 (5th ed. 1996).

[24] S.P. Sathe, Administrative Law 343 (5th ed. 1996).

[25] Lloyd Law College, Complete Guide to Filing a Public Interest Litigation (PIL): All About It, Lloyd Law College (11/11/2025 08:30 PM), https://www.lloydlawcollege.edu.in/blog/public-interest-litigation-guide.html. 

[26] Supra note 3.

[27] Only IAS (11/12/2025 6:38 AM), https://pwonlyias.com/pyq/explain-the-reasons-for-the-growth-of-%20public-interest-litigation-in-india-as-a-result-of-it-has-the-indian-supreme-court-emerged-as-the-worlds-most-powerful-judiciary/.

[28] Narmada Bachao Andolan v. Union of India & Ors., AIR 2000 SC 3751 (India).

[29] The Legal Services Authorities Act, 1987.

[30] Visakha & Ors. v. State of Rajasthan & Ors., AIR 1997 SC 3011 (India).

[31] Only IAS (11/12/2025 6:38 AM), https://pwonlyias.com/pyq/explain-the-reasons-for-the-growth-of-%20public-interest-litigation-in-india-as-a-result-of-it-has-the-indian-supreme-court-emerged-as-the-worlds-most-powerful-judiciary/.

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