Public Interest Litigation (PIL) refers to a legal action taken by any person for the benefit of the general public or any act to secure the public interest. It demonstrates the availability of justice to socially-disadvantaged parties.
For socially conscious citizens who would like to fix the system through a court of law, the Public Interest Litigation (PIL) is a powerful tool. Public Interest Litigation cases won or lost in the High Court or the Supreme Court of India often make news these days. Whether a PIL case wins or loses, it certainly makes an impact on the lives of people who are connected to the issue in one way or the other.
The FAQs below will help you to clearly understand the use and procedure of filing PILs.
Who can file a Public Interest Litigation (PIL)?
Public Interest Litigation (PIL) can be filed by any Indian citizen or organization. However, the only condition is that it should be filed in the public interest rather than entertaining any kind of private interest. Sometimes, the court also takes cognizance of a matter if it is one of very public importance, and can appoint a lawyer to handle the case.
Where can Public Interest Litigation be filed?
Public Interest Litigation (PIL) can be filed either in Supreme Court or High Court depending on the situation. Both the Courts have the power to entertain the Public Interest Litigation.
How to file a PIL in India?
An individual (petitioner) has to do thorough research on the related matter before filing a Public Interest Litigation in the Courts. Once an individual has decided to file a Public Interest Litigation (PIL), he should collect all appropriate information and the required documents to strengthen and fight his case.
The person filing the Public Interest Litigation can either debate himself or appoint a lawyer. Generally, in any case, it is advisable to consult an advocate before filing a PIL.
PIL In High Court -
If the person is planning to file a Public Interest Litigation in the High Court then he is required to submit two copies of the petition to the Court. Also, a copy of the petition has to be sent to each defendant in advance, and proof of this has to be added to the PIL.
PIL In Supreme Court -
If the person is intending to file a PIL in the Supreme Court, then he is required to submit five copies of the petition to the Court. The copy of the Public Interest Litigation is sent to the respondent only when a notice is issued by the Court for it.
Fees required for filing a PIL
Filing a PIL is cheaper than in any other Court case. An individual has to pay a fee of Rs 50 for each respondent and it has to be affixed with the petition. But, the entire cost of the complete proceedings depends on the lawyer appointed by the petitioner.
Essentials for filing a Public Interest Litigation (PIL)
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Find a public interest lawyer or organization to file the case.
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Collect required documents such as title deeds, proof of residence, identity proof, notice, resettlement policy and photographs of the eviction.
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List out the names and addresses of all aggrieved parties approaching the Court.
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List out the names and addresses of government agencies from which relief is sought.
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List out the facts giving rise to violations of fundamental rights.
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Mention the dates indicating the duration of stay at the site, when the eviction took place, when and if an eviction notice was provided, and other important details related to the eviction.
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State the prayers or the relief being sought from the Court.
Few areas in which a Public Interest Litigation (PIL) can be filed
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Infringement of religious rights, fundamental rights and human rights
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Force municipal authorities to conduct a public duty
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Conduct of government policy
Few matters which will be not allowed as a Public Interest Litigation (PIL)
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Matters related to landlord-tenant
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Matters related to services
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Matters related to pension and gratuity
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Matters related to admission to educational institutions
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Request for early hearing of cases in Courts
How long does it take for the closure of the Public Interest Litigation (PIL)?
It depends on the case. If the case is related to the lives of people or violations of human rights then the Court would take up the case immediately, conduct the hearing and settles the case in a short period. However, due to the collection of more public interest petitions in Courts, it takes years to hear and settle cases.
How to file a PIL online?
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Go to the main website of the Supreme Court of India i.e. https://main.sci.gov.in/
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Click on the 'E-FILING' tab.
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Click on ‘New Registration’ and then choose User Type 'Petitioner in Person' or 'AOR Number'.
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If you have chosen 'AOR Number' then you have to provide the AOR Number.
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If you have chosen 'Petitioner in Person' then you have to fill out the online forms and provide the information like: Name, Address, State, District, Pin Code, Mobile No, Email, Aadhaar Card No.
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After filling in the required information, click on the ‘Sign Up’ button at the end of the page.
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After completing registration, head back to the ‘E-FILING’ page.
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Again, click on the ‘Login’ option.
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Then, click on 'New Efiling' and fill in the details and save it.
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Make the payment.
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After all the required information has been filled in and the payment is completed, an application number will be given.
Additional Notes:
Father of PIL in India
Justice Bhagwati (Chief Justice of India from July 12, 1985, to December 20, 1986) is generally referred to as the father of public interest litigation in India due to his contribution to Public Interest Litigation jurisprudence.
Types of PILs in India
There are two types of Public Interest Litigation (PIL):
- Representative Social Action
- Citizen Social Action
