What is Public Interest Litigation (PIL)?

What is Public Interest Litigation (PIL)?

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WHAT IS PUBLIC INTEREST LITIGATION (PIL)?
WHAT IS PUBLIC INTEREST LITIGATION (PIL)?

If you are a public spirited person who wants to bring justice for people at large, you can file a PIL to move the court. PIL is directly files by a person or a group of persons (like an NGO) in the High Court or the Supreme Court. PIL gives the power in the hands of you, the people. One can file a PIL to address a wide range of issues that may be affecting a community for example, environmental issues, advancing women’s rights, promoting basic equality and human rights, corruption, right to information etc.

Why File a PIL, How is it Different and What are the Benefits of Filing a PIL?

PIL is one of the easiest methods of obtaining justice. Also, one need not be personally suffering to file a PIL. It is a common way of bring about political, social or legal change.

  • PIL is cheap requiring a nominal court fee and stamp papers of Rs. 50 per respondent only.
  • PIL focuses on larger social issues.
  • There is no restriction as to who can file a PIL
  • It is a speedy remedy as a PIL can be directly filed in the High Court or Supreme Court without having to go through the time consuming hierarchy.

Procedure of Filing a PIL

  1. Identify the aggrieved community/people/section and the respondent party.
  2. Collect all relevant documents/information and retain all bills, photographs, communication records etc.
  3. Consult a lawyer who shall file the case in the court on your behalf and shall argue your case.
  4. The case shall proceed in the same manner as a normal case in the High Court or Supreme Court.

Why file with AC?

We at Aapka Consultant provide

Format

Suggestive format for filing a PIL in a High Court:

BEFORE THE HIGH COURT AT _______________________
(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)
PIL No. OF
IN THE MATTER OF:
(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

MEMO OF PARTIES

(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

FILED BY

Dated:

Place:

BEFORE THE HIGH COURT AT
(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)
PIL No. OF
IN THE MATTER OF:
(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

PUBLIC INTEREST PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF:

WRIT, ORDER OR DIRECTION IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION FOR (give the complete prayer as per law including the relief you are seeking for)

MOST RESPECTFULLY SHOWETH:-

1. That the following questions of public importance are being raised in the present Public Interest Petition (PIL):

2. That the present petition is being filed against (give details)

4. That the Petitioner is constrained to approach this Hon’ble Court against the illegal, arbitrary and unconstitutional conduct of the respondents who are bent upon violating and ignoring the mandate of the Constitution of India.

5. That the petitioner is filing the present writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition.

6. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals applications and has determined the veracity of the same.
7. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Hon’ble Court only.

8. That the persons affected by such acts of the State are numerous and are not in a position to approach the Hon’ble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.

9. That the petitioner undertakes to pay the costs if any imposed by the court on this petition.

10. That the Petitioner is constrained to approach this Hon’ble Court against the illegal, arbitrary and unconstitutional conduct of the respondents.

11. That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition. The present petition is not guided by any professional considerations and is being filed purely in public interest as the Petitioner.

12. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals/ RTI applications and has determined the veracity of the same.

13. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Hon’ble Court only.

14. That the persons affected by such inactivity of the State are numerous and being public at large is not in a position to approach the Hon’ble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.

15. That the Petitioner undertakes to pay the costs, if any imposed by the Hon’ble Court on the present PIL at any stage.

16. That the brief facts leading to the rise of the present case are enumerated hereunder:

17. That aggrieved by the aforesaid act, the Petitioner is before the Court, inter alia, following amongst the other

GROUNDS

18. That the Petitioner has got no other alternate efficacious remedy except for the present Public Interest Petition (PIL).

19. That the petitioner has not filed any other PIL or any other such petition seeking the identical relief before any other High Court or before the Hon’ble Supreme Court of India.

20. That the annexures filed along with the present Public Interest Petition (PIL) are true copies of the originals.
PRAYER:

It is most respectfully prayed that the court may issue:

(a) Writ, order or direction in nature of Mandamus or any other appropriate writ, order or direction for (give the complete prayer as per law)

(b) Any other order as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the Petitioner in the interest of justice.

(c) Cost of the present petition be also allowed in favour of the petitioner and against the respondent.

Petitioner

Public Interest Litigation- Jan Hit me Zaari

What is a Public Interest Litigation?

A Public Interest Litigation (PIL) is the use of law to protect the rights of public at large by some public spirited citizens. A PIL can be filed for a variety of issues such as protection of environment, establishing gender equality, corruption, child labor, human rights violation, road safety, hazardous construction etc. The basis requirement in all these cases is that a community must be getting affected by it and the PIL should not be getting any personal benefits form such petition.

Origin and History of PIL

Before 1970s, only the aggrieved persons could file a case in the court of law. However, through the efforts of Justice Krishna Iyer and Justice Bhagwati, PIL was introduced in India. PIL is a common type petition in the United States of America. PIL in India can be filed by any person who is willing to become a voice for any injustice being caused in the society, be it legal, social or political.

Essentials of PIL

  • By a public spirited person/organization;
  • Who has no personal interest in the case
  • For the benefit of public at large

Modes of filing PIL

PIL can be filed by writing a letter or an email to the Chief Justice of a High Court or the Supreme Court or through the conventional method of filing cases through a lawyer.

After filing of the case, a PIL case moves in the same way as a normal case. The case can be argues by a lawyer or by the petitioners themselves.

Concept of PIL

Public Interest Litigation is brought before the court not for the purpose of enforcing the right of one individual against another as happens in the case of ordinary nature, but it is intended to promote general public interest for the benefit of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position. The central idea is that the their problems and issues should not go unnoticed and un-redressed.

PIL is Cheap and Speedy

Filing of PIL requires only a nominal court fees. Moreover, since a PIL can be directly filed in the Supreme Court or High Court, it saves time of litigants which would otherwise be taken up by the lower courts in order to follow hierarchy.

Understanding PIL through Various Examples

Any matters of public importance can be brought to the court’s notice through filing of a PIL.

  • Any citizen can file a PIL if he/she sees a continuous contamination of a public lake or river by any industry.
  • PIL can be filed to help curb sexual harassment cases in a particular area. The court in such case may give a remedy such as issuing guidelines to the police of the area for hourly round-ups.
  • PIL can be filed to obtain monetary compensation for a class of people who may be affected by a particular hazardous industry.
  • You can file a PIL if you see gross violation of traffic rules by the public.
  • A PIL can also be filed in case of any public official not fulfilling his/her duty towards the general public.

Steps to file a PIL

  1. Identify the aggrieved parties and obtain their consent
  2. Identify the chief respondents.
  3. Consult a lawyer to identify the correct forum.
  4. Collect all the relevant material/documents/information. Do not forget to record all communication related to the case.
  5. File a case through a lawyer or by writing an email/letter to the chief justice of the High Court or Supreme Court.
  6. Argue your case in the court either through a lawyer or by yourself.

To file a PUBLIC INTEREST LITIGATION (PIL) clickhere.

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