Abstract

The traditional law of litigation is founded upon the principle of locus standi, limiting access to judicial remedies to individuals who are directly affected by a cause of action. This restrictive approach, however, underwent a transformative shift in India during the 1980s with the advent of Public Interest Litigation (PIL). Conceived as a judicial innovation to address socio-political realities, PILs empower individuals or groups to approach the courts on behalf of those who are unable to assert their own rights. Over time, the scope of PILs has been broadened to protect the interests of larger sections of society, particularly in matters concerning environmental protection. Recognizing the right to a clean environment as intrinsic to the right to life under Article 21 of the Constitution, Indian courts have relaxed procedural formalities in environmental PILs, thereby advancing access to justice. This article critically examines the evolution of environmental PILs in India, focusing on both procedural and substantive dimensions, through the lens of constitutional mandates, judicial interpretations, and statutory frameworks, including the Code of Civil Procedure, 1908.

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