Public Interest Litigation’ means litigation filed to serve the larger public interest by a public spirited citizen specifically for persons who lack representation. The rule of locus standi stands relaxed in the case of Public Interest Litigation in the interest of safeguarding the rights of the marginalized and underprivileged persons. The concept of individual interest has changed to special interest and again to class interest and now to sufficient interest.
The Supreme Court, in People’s Union for Democratic Rights v Union of India, (1982) 3 SCC 235, observed that – “We wish to point out with all the emphasis at our command that public interest litigation is a totally different kind 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 that other opposing such claim or resisting such relief.” This decision has been held to be an authority for the proposition that a public interest litigation is not of an adversary character, but one of performance of constitutional duties. In such cases, the Court relaxes the strict rule of locus standi of the applicant and also relaxes procedural formalities. The Court is also empowered to entertain a letter addressed to the Court by an aggrieved.
