The term has become quite familiar amid ongoing scenarios. End number of PILs are being filed. But do you know what is a Public Interest Litigation? How to file a PIL? Who can file a PIL? Before opting to initiate the process, here is all you need to know about PIL.
There can be any government policy or issue which might be troubling you and can impact the public as a whole in the future. These issues can hamper the common good and create unacceptable situations pertaining to abuse and violation of constitutional rights, corruption, etc. If you are a socially conscious citizen, PIL is a solution for you then. You can attempt to fix the system by using the powerful legal tool of PIL.
So, how to file a Public Interest Litigation in India. What is the procedure to file a PIL?
What is Public Interest Litigation?
As the name suggests it is related to the interest of the public. As per Wikipedia, PIL is litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties.
Who Can File a PIL?
A PIL can be filed by an individual, group of citizens, or non-governmental organizations. It is not necessary that only the aggrieved person can file a PIL. Any citizen can file a PIL The only condition applied will be that it should be filed with the public interest and not for private gain.
Even, the Hon’ble court can take the suo moto cognizance if the matter is of utmost significance.
Also Read: PIL Cases Of India Which Changed Legal System
Where Can A PIL Be Filed?
A PIL is an extension of the writ petition. When it comes to laws governing PIL in India, there are two Articles that govern the filing of a PIL. A Public Interest Litigation can be filed in the High Court or Supreme Court.
You can file a PIL under Article 226 of the Constitution before the High Court and under Article 32 before the Supreme Court of India.
If you are filing a PIL in Supreme Court, you have to file five copies of the PIL and the copy of the PIL will be served to the respondents only when the court will issue a notice regarding the same.
However, while filing a PIL in High Court, you have to submit two copies and should also serve a copy of the PIL to the respondents in advance.
How To File A Public Interest Litigation?
What are the essentials of filing a PIL? What documents are required to file a PIL?
Filing a PIL is not as complex as you think. Even a simple letter or a postcard addressed to the Chief Justice of India or the Chief Justice of the High Court are enough to raise your issue. But following a proper process is better if you can. You can follow these major steps to file a Public Interest Litigation.
Gather all the information related to the issue.
- Ensure collation of the documents.
- Deciding the court in which you want to file.
- To file a PIL in High Court, address it to the Chief Justice of that particular High Court.
- If you are filing it in the Supreme Court, the address should be made to the Chief Justice of India.
- When filing it in the High Court, submit two copies and should also serve a copy of the PIL to the respondents in advance.
- When in Supreme Court, file five copies of the PIL and the copy of the PIL will be served to the respondents only when the court will issue a notice regarding the same.
- Consult a professional and experienced PIL lawyer before filing a PIL as it can save your time in unnecessary things.
Documents Required to File A PIL
The petitioner should mention Petitioner’s name, postal address, email address, phone number, occupation, annual income and PAN number.
Proof of identity of the Petitioner must be annexed.
- List names and addresses of all aggrieved parties.
- List names and addresses of respondents or government agencies from which relief is sought by the petitioner.
- Facts of the issue or case leading to fundamental rights violation
- Nature of violation or injury
- Any personal interest she/he/it may have.
- The petitioner should also clarify about whether they will be able to pay the costs in case the court may impose any.
Do I Need A Lawyer To File A PIL?
You can either present the matter in person or can also hire a Public Interest lawyer to represent you. But, it will be a wise decision to hire a lawyer to file PIL.
How Much Money Is Required To File A PIL?
Filing a PIL is not at all expensive. The petitioner has to pay a court fee of Rs 50 for each respondent and affix it with the petition. However, the cost incurred to fight a case varies from advocate to advocate.
But before filing a PIL, make sure this is not a frivolous one. Otherwise, the court may impose a cost on you for wasting the court’s time.
You Can File PIL For
- Violation of basic human rights of poor and disadvantaged people.
- Government policies can violate human rights, lead to corruption, or affect social justice.
- To compel Municipal authorities to perform their basic duties.
- Violation of religious or fundamental rights
You Cannot File A PIL For
- Matters related to services
- Matters related to gratuity, pension, salary, etc.
- Landlord-tenant matters.
- Complaints against central and state government departments and local bodies excluding issues listed in the Supreme Court guidelines.
- Matters related to admission in educational institutions.
- Petitions urging early hearings in the High Court and subordinate courts.
Conclusion
So, this is the procedure to file a PIL and we hope that all the aforementioned details about filing a Public Interest Litigation clear all your doubts. Whoever wants to initiate, it should be kept in mind that a PIL should always include public interest to address the right issue and it should not waste the court’s time.
This article is written by Varsha. You can reach out to the author via email at bnbvarsha@gmail.com.
