Literature review

• Background of PIL
Litigation is the most widely used method of enforcing rights. However, challenging the state to
enforce social and group rights necessitates a distinct set of measures. The legal remedies
available for enforcing individual rights are frequently insufficient when dealing with public
rights. Recognizing this, the Indian Judiciary devised Public Interest Litigation to protect the
rights of the community, the oppressed, and the disadvantaged. Since public interest litigation is
non-adversarial, it has forced the development of novel remedies such as the establishment of
commissions, the appointment of amicus curie, and the acceptance of letters as petitions for
proving complete justice.
• Methodology of Research Paper
The research technique is doctrinal in nature. The facts and information that are presently
available have been evaluated in order to create a critical assessment of the research challenge.
The analysis was carried by using primary sources of legal information such as statutes and
significant and leading decisions. Furthermore, in order to provide the general public with a
thorough perspective, the author attempted to be objective when performing research. To reach
the analysis, the doctrinal research technique used a combination of primary and secondary legal
sources. Secondary data was gathered through numerous books, journals, blogs, and other online
sources to achieve the aforementioned goals. Various case laws have also been examined in
order to comprehend the genesis, evolution, and other features of the 'Public Interest Litigation.'
The effects of these cases on structural reforms and the evolution of 'Public Interest Litigation'
have also been explained in this project, which plays a vital role in understanding the essence of
'Public Interest Litigation' in the current age.
• Critical evaluation of PIL
However, the Indian PIL experience teaches us that it is vital to ensure that PIL does not become
a semblance for commercial interests, political score-settling, or easy publicity. In a democracy,
the judiciary should not use PIL to administer the country on a daily basis or enter the lawful
domains of the executive and legislative. As a result, the issue for states is to strike a balance
between admitting real PIL cases and discouraging dubious ones. One method to achieve this
balance is to include economic (dis)incentives in PIL while also limiting it to circumstances
when access to justice is hampered by a disability.
 • Summary Of Topics
Topics included in the research paper range from the Introduction to topic of Public Interest
Litigation, Its Origins in Judicial Activism of Justice of Bhagwati and Krishna Iyer, a seperate
section explaining the meaning of judicial activism and its importance to the legal system of
India,a seperate section for technicalities explaining the procedure of how a PIL is filed, Its
Significance to the legal system and the public of India,A seperate section for its comparison to
other countries and their methods for judicial activism and to see if they follow a similar
methods, its functioning status in the scenario of contemporary modern India and its reasons
why, a section discussing the landmark cases that were filed through the instrument of Public
Interest Litigation and their imapact, Its evolution from its origins in the 70s from Justice
Bhagwati and Krisha Iyer’s judicial activism to today’s modern India, its present pendancy status
dicussing how many cases filed through PIL are are cleared or dismissed, A seperate section
conducting critical analysis of PIL and objectively discussing its shortcomings and gaps which
can be exploited or used for malpractices, a section for remedies which can be used to close
gaps and loopholes and make the PIL a more effective and efficient tool for adminstering
justoce.