Difference between Public Interest Litigation and Private Interest Litigation



No


Private Interest Litigation


1)

 The word ‘public interest’ as something in which the public, or the community at large has some pecuniary interest or some interest by which their legal rights or liabilities are affected .



Private Interest litigation is limited to private aspect

2)

In Public Interest Litigation rule of locus standi is followed.

In Private Interest Litigation rule of locus standi is strictly followed and adversarial procedure is strictly complied with.


3)

In Public Interest Litigation, though a person is not aggrieved but socially and spiritually motivated can file petition


The person whose fundamental or legal right has been violated may file suit or petition for enforcement thereof.

4)

Petition can be filed in the High Court or under Article 32 to the Supreme Court.

The Plaintiff has to file the suit in a court having jurisdiction of the lowest grade.




5)

The Court Stamp fee Act is not applicable to PIL

In Private Interest Litigation, Plaintiff has to pay Court stamp fee as per the valuation of the suit property under the Court Stamp fee Act.


6)

In Public Interest Litigation, the Decision given by the Court is having general application.


In Private Interest Litigation, Decisions given by the Court binding on parties only

7)

In Public Interest Litigation, the person approaching the court for redressal or public wrong or public injury has sufficient interest in the proceeding and is acting in bonafide and not for personal gain or private profit or political motivation.


In Private Interest Litigation, The aggrieved person has to prove that he has suffered some loss or injury. In case of alleged violation of right, he must in addition prove that he has right.

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