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Procedure to File Public Interest Litigation

  • What is a PIL?
    • Public Interest Litigation (PIL) - litigation for public interest.
    • PIL was started to protect the fundamental rights of people who are poor, ignorant or in socially/economically disadvantaged position. It is different from ordinary litigation, in that it is not filed by one private person against another for the enforcement of a personal right. The presence of 'public interest' is important to file a PIL.

  • When PIL may be filed?
    • A PIL can be filed when the following conditions are fulfilled:
      1. There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority.
      2. It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and constitutional rights have been infringed.
      3. It must not be frivolous litigation by persons having vested interests.
  • Who may file a PIL?
    • The Supreme Court (SC), through its successive judgements has relaxed the strict rule of 'locus standi' applicable to private litigation.
    • Any person can file a PIL provided:
      1. A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court.
      2. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate.
      3. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Public interest litigation is the device by which public participation in judicial review of administrative action is assured. It has the effect of making judicial process little more democratic.
      4. According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: -
        • There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult,
        • The person bringing the action has sufficient interest to maintain an action of public injury
        • The injury must have arisen because of breach of public duty or violation of the Constitution or of the law
        • He is a member of the public acting bona fide and having sufficient interest in instituting an action for redressal of public wrong or public injury.
        • He is not a mere busy body or a meddlesome interloper.
        • His action is not motivated by personal gain or any other oblique consideration.
  • How to file a PIL:
    • A PIL may be filed like a write petition.
    • However, in the past the SC has treated even letters addressed to the court as PIL. In People’s Democratic union v Union of India, a letter addressed by the petitioner organization seeking a direction against the respondents for ensuring observance of the provisions of famous labour laws in relation to workmen employed in the construction work of projects connected with the Asian games was entertained as a PIL.
    • The SC has encouraged the filing of PIL for tackling issues related to environment, human rights etc.
  • Filing Procedure:
    1. Submit representation addressed to Public Authority to perform their statutory duty.
    2. Verify whether the said grievance was solved by Public Authority or not ?
    3. If the Public authority ignorant in performing their statutory duty even after representation, they are liable to be subjected to 'Writ of Mandamus'.
    4. Fees for PIL is same as Writ petition - i.e. Rs.150/- for each respondent inclusive of all expenses.
    5. PIL are filed before the Division Benches in High Court. Division Bench means minimum two judges.
    6. Four sets of PIL + each copy for respondents have to be filed in the High Court.
    7. PIL is filed only on Affidavit followed by miscelleneous petitions.
  • The format of PIL:
    1. Title.....In the court of Hon'ble .....At...
    2. Between:....Complainant
      And
      ....Respondent-Surname, Name, Father/Husband/Mother Name, Age, Occupation, contact Adress
    3. Petitioner.....Details of Petitioner and confirm that he know the facts and circumstances of the case and authorised to file this Affidavit.
    4. Respondent.....Details of the Respondents and their statutory duties in terms of the Constitution or under any law. Bonafide discretion to be exercise by public authority may not fall under Mandamus
    5. Grievence.....Details of the grievances, victim details, impact on society, violations of laws and neglect of statutory by public authority and representations to do public duty. Confirmation of no other alternative except PIL.
    6. Prayer.....Prayer requesting for writ of Mandamus to do public duty.

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