A PIL has clear requirements that need to be fulfilled before anyone can file such a case. Know the steps to file a PIL
Persons with legal knowledge may often question the legal process and how it works. Whether you are a first-time litigant or an advocate of society, chances are that you have come across a case where you wanted to understand the ins and outs of the same.
PIL gets public attention and sometimes becomes an emotional issue; people either support the petitioner’s cause or feel otherwise. It is not uncommon for even non-legal people to see these cases as matters of ‘right’ or ‘wrong’. The steps one must take when filing a PIL are very important in determining if it is worth taking up.
What is PIL?
Public interest litigation India (PIL) is a special litigation method that has been created to protect the people’s interests by having their concerns addressed in the courts. The PIL method is essentially used when the government or public authority has failed to respond to the people’s concerns. The Solicitor General of India, who is the lawyer for the central government, may register a PIL petition to initiate a discussion about a certain matter of public importance.
In a PIL, a petitioner files a petition in a court of law seeking a remedy to protect the people’s interest. This can be in the form of an order directing the government to take a certain action or be restrained from taking a certain action. The petitioner must show that their petition is in the public interest, that is, that it intends to protect the general public’s interest. In deciding on a PIL, the court looks at whether the petitioner has shown that the issue is in the public interest and that the petitioner will be adequately compensated in terms of the law. The courts can consider any issues that have a bearing on the public.
Steps To File A PIL case
Article 32 of the Constitution of India allows aggrieved persons to file a Writ Petition before the Supreme Court of India to seek legal remedies for violating fundamental rights. The petition may be filed before a High Court under Article 226.
Here the steps that are needed for filing a case have to be written. All the information related to the issue should be collected. PILs filed in the Supreme Court are addressed to the Chief Justice of India, while PILs filed in the High Court are addressed to the Chief Justice of that High Court.
Steps to follow
- File a public interest lawsuit with a lawyer or organization
- Gather the required documentation
- Provide the court with the names and addresses of all persons who are aggrieved by the decision
- Request assistance from which government agencies from which assistance is sought
- Discuss the nature of the vivid Fundamental Rights and the reasons for them
- Provide details about the eviction, including when and where it took place when an eviction notice was provided, and how long the tenants were there
- It is important to include the ‘prayers’ or the ‘relief’ being sought to avoid being penalized.
Basics of law before filing a PIL
If you have decided to file public interest litigation, you must be aware of the laws that apply to such matters. A PIL is a special kind of litigation requiring the petitioner to show that the issue is in the public interest and that the petitioner is adequately compensated. The petitioner should know the laws that apply to PIL cases and the basic procedure of filing a PIL.
This includes understanding the ground for filing a PIL and all the procedures to be followed after that. If you do not understand the basics of the law, you might end up filing a PIL case without knowing that you are doing so.
The following are some of the basics you must learn before attempting to file a PIL case:
- What are the grounds for a PIL?
A PIL can be filed on various grounds. The first and foremost ground is to protect the rights of a person, and it can also be filed on an issue that is related to the public interest. Other grounds include matters concerning public morality, justice, and public health. - What is the procedure to follow when filing a PIL?
There are certain steps that you need to follow when filing a PIL. You can only file a PIL for a matter that is not pending in court, and if there is no matter pending in court, then you can only file a PIL. The steps you need to follow include checking if the matter qualifies for filing a PIL, identifying the issues involved in the case, and writing the petition.
Conclusion
The procedure for filing public interest litigation is not easy. It requires a person to understand the laws that apply to such matters and the basic procedure of filing a PIL. It is important to identify the underlying issues of your case and see if the same are in the public interest. This will help you gauge if your case qualifies for public interest litigation.
The filing of a PIL is a powerful tool for citizens to gain legal redress and have their concerns heard by the courts. Suppose the person filing the PIL has to prove that the statute in question violates human rights. In that case, he or she will use the provisions of Articles 21 and 22 of the Indian Constitution and Articles 14, 19, 21-A and 23 of the Indian Penal Code.
FAQs
Which is the first step of filing a PIL?
Before launching a PIL, the petitioner must investigate the matter thoroughly and speak with everyone affected by it. Once a person decides to file a PIL, he should gather all the relevant information and paperwork to strengthen his case.
What happens when PIL is filed?
A PIL is a legal request that an individual, non-profit organization, or citizens’ group can file in a court to obtain justice in a matter that involves the interests of the public. It seeks to give common citizens access to the judiciary to receive legal redress for a greater cause.
What is the need to file PIL?
PIL can be filed: Violating religious or basic fundamental rights and violating fundamental human rights of the poor. Compelling municipal authorities to perform a public duty.
Read More:
