In the past two decades there has been a sea of change in the higher judiciary in India. The public eye is observing that the courts are more interested in the Public Interest Litigation and their interest in the role of private dispute adjudicators has decreased. The civil society has reiterated its faith in the higher judiciary. This can be seen through the increased interest in all Public Interest Litigation Cases. Opinions on the scope and limitations of Public Interest
Litigation have been deeply divided even within the judiciary.

There is a difference between Public Interest Litigation and Conventional Litigation. Some are:

? In Private Litigation, the court must ensure that the person who invokes the jurisdiction has enough personal interest to do so, which is related to the fats of the case. But in case of Public Interest Litigation, the petitioner seeks to challenge for a public cause, and which is of benefit to the society and the doctrinal limits of the rule of standing are enough to enable the petitioner to file for a Public Interest Litigation. The facts of the case under Public Interest Litigation must be those which have violated the basic human rights or the policies of the government which have affected the public. The focus of Public Interest Litigation is social and public good. Hence, it is not always adversarial.

? In a Private Litigation, the court must decide based on the past circumstances of the case and not the present. While in a public Litigation case the matters are decided based on the future outcomes and if the decision serves good to the public in the future or no.

? In public litigation the cases involve wider questions of policy and law, both which are remedial and substantial. Whereas, in private litigation, the question of law is specific.

Public Interest Litigation Began in the 1980’s in India to lend a voice to those who were hapless and poor, those who had no means to approach the court or assert to themselves the fundamental rights. The most notable contributions in the field of Public Interest Litigation in India were by Justice Bhagwati and Justice Krishna Iyer.

In recent times, Public Interest Litigation has flourished due to the spirit of the public in raising questions on law and policy. The present impetus and the growth of media in electronic and print have contributed in the growth of Public Interest Litigation.

The contribution of Public Interest Litigation in the field of human rights and environmental protection has been endless. Timely interventions by the courts have helped in the irreversible and irreparable damages.