How Do You File a PIL?

Learn everything about filing a Public Interest Litigation (PIL), from gathering information and selecting the appropriate court to essential document requirements, in this comprehensive guide on ‘How Do You File a PIL?’

Overview

In cases where the well-being of the public is compromised, it is both the responsibility of the government and the courts to address the issue promptly. Recognizing the importance of timely action, the courts have introduced Public Interest Litigation (PIL) as a mechanism to safeguard the public interest and allow citizens to bring such matters to the attention of the judiciary. PIL serves as an essential tool provided by the courts to protect the interests of the people in India.

What Is a PIL Exactly?

PIL or Public interest litigation is legal action taken by a an individual citizen or a group of citizens on behalf of a section of the public, such as disadvantaged groups and minorities, or the public in general. PIL is a mechanism of using the law deliberately to effect social change. In judicial terms PIL is a petition that is filed in a court by an individual citizen, a group of individual citizens or a non-government organisation in the pursuit of justice for a social issue with the broader public interest in mind.’

The main aim of file PIL is to give ordinary people to stand up for causes that may not affect them personally but resolving the matter would mean justice and upliftment for someone who may not have access to any legal and judicial recourse. It is not defined in any statute. It is the consequence of judicial activism to pick up a cause which affects the public at large but not affecting a single person personally. 

Who Can File PIL?

Any individual who is an Indian citizen can file a PIL. And the issue regarding the PIL is not restricted to any specific list or subject. It can be regarding anything. The only condition that validates a PIL is that the issue being raised should bear significant public interest and not for private gain alone. On reviewing the petition, if the court finds that the PIL filed has public significance, then it will allow the case. If the individual(s) who have filed the PIL have filed it through a lawyer, then that lawyer will take the case forward. But if the individual(s) have filed the petition of their own accord, then the court will appoint a lawyer.

A PIL is important because it not only addresses public issues but also helps raise awareness amongst the common man about their legal rights and the legal tools available to them that they may not yet be aware of.

How Does One Decide When To File A PIL?

There is no formal method or procedure that one has to follow before deciding to file PIL. However, it is always wise to put forth the issue that you intend to address across with the party or parties you intend to challenge in the PIL and give them time to respond. There are two advantages to doing this. First, there is a good chance that the defendant might not be aware of the matter you are challenging and might be willing to resolve it without going to court. And in the even the defendant does not accept your terms and is willing to fight it out in court, by establishing a line of communication before filing the PIL, you have put on record that there is not mala fide intent involved and the case is bona fide and genuinely in the interest of the public in general.

For instance, if you have an issue with traffic congestion in your street at a certain time of the day, you can first contact the traffic police authorities and see what they have to say about it. They may very well ensure that a policeman is stationed at the relevant junction at that time of the day to regulate the traffic. But if they refuse to act on it or promise to act on it and yet do not act on it, then it would be completely justified to file PIL.

PIL Landmark Case Study: Parmanand Katara v. Union of India

Parmanand Katara, a dedicated human rights activist, brought forth a significant legal matter before the Supreme Court through a writ petition. The impetus for his action stemmed from a newspaper report highlighting a tragic incident involving a scooterist who lost his life in a collision with a speeding car. Compounding the tragedy, medical professionals at the initial hospital refused to provide immediate assistance and instead directed the victim to another facility approximately 20 kilometers away, specialized in handling medico-legal cases.

Key Points of the Supreme Court’s Ruling

Paramount Importance of Human Life

The Supreme Court, in its deliberation, emphasised the paramount importance of preserving human life. The judiciary underscored the need for an unequivocal commitment to prioritise efforts aimed at safeguarding and preserving life.

Professional Obligation of Doctors

The court asserted that every doctor, regardless of whether they serve in a government hospital or elsewhere, bears a professional obligation to extend their services when presented with a situation where human life is at stake. This obligation is viewed as inherent to the medical profession and transcends institutional affiliations.

Top Priority for Life-Saving Efforts

The court’s ruling unequivocally stated that the endeavor to save an individual’s life must receive top priority. This imperative extends beyond the medical profession and encompasses professionals from the legal sphere, law enforcement, and other citizens involved in the matter. The court emphasised that the collective commitment to saving lives should be unwavering.

Looking for Indian court decisions? Our search engine offers comprehensive access to judicial rulings from all levels of the Indian court system. Browse through case law and legal precedents, search by keyword or citation, and stay up-to-date on the latest legal developments.

Where Are PILs Filed?

Unlike other cases where you have to first file an FIR at the police station and then proceed to judicial enquiry, a PIL has to filed directly at the court. There is no need for an FIR in this instance. Albeit, it must be noted that PILs are usually filed at the high court.

What You Should Do Before Filing a PIL?

Before you decide to file a PIL make sure to keep the following aspects in mind:

Gather Information: Collect all relevant information related to the issue you want to address through the PIL. Ensure you have a comprehensive understanding of the matter.

Document Collation: Gather all necessary documents supporting your case. Proper documentation strengthens your PIL and enhances its credibility.

Selecting the Court: Decide whether you want to file the PIL in the High Court or the Supreme Court. Address the petition accordingly.

Addressing the Court: If filing in a High Court, address the petition to the Chief Justice of that specific High Court. For the Supreme Court, address it to the Chief Justice of India.

Professional Consultation: Seek advice from a professional and experienced PIL lawyer before filing. Their expertise can save time and ensure your petition is well-prepared. You can consult our experts for detailed legal insights.

Procedure For Filing A PIL?

The procedure for filing a PIL is as follows:

1. Before filing a PIL one has to do the complete research about the issue. When a PIL is filed concerning many people, the petitioner needs to consult all the individuals and groups which are affected
2. Once you are sure of filing a PIL, collect all the vital information and documents as evidence to support your case. You can argue the case on your own or appoint a lawyer to argue on behalf of you
3. It is always advisable to consult a lawyer before filing the PIL. If you are interested in arguing the case on your own then be prepared to explain the problem and convince the court in the time you have been allotted
4. Once the file PIL copy is ready to be filed in the High Court, then submit two copies of the petition to the court. Along with this, one copy of the petition needs to be served to the respondents in advance. This proof of serving the petition copy to the respondents has to be affixed in the petition.

If the PIL is filed in the Supreme Court, then five copies of the petition need to be submitted to the court. Respondent is served with the petition copy when the court issues the notice regarding the same.

Documents Required for Filing a PIL

The following documents has to be filed while filling for a PIL: 

Petitioner’s Details:

• • Name
  • Postal address
  • Email address
  • Phone number
  • Occupation
  • Annual income
  • PAN number

Proof of Identity: Attach proof of identity for the petitioner

Aggrieved Parties: List names and addresses of all parties affected by the issue

Respondents: Provide names and addresses of respondents or government agencies from which relief is sought

Issue Details

• • Facts leading to the violation of fundamental rights
  • Nature of violation or injury
  • Any personal interest the petitioner may have

Conclusion

PIL is a powerful tool that many are either not aware of or think of it as too much of a hassle. ‘Why should I care if no one else cares?’ is the general attitude when it comes to social issues.  And this attitude is not out of lethargy or nonchalance. But the effort and resources that go into collecting evidence and documenting the case may seem very tedious and not worth the effort.

But today there are so many other tools that can obscure all these obstacles. You can use your phones to collect photographic evidence. You can file an RTI application: https://rtionline.gov.in to collect any data on the record that can help prove your case. Social media is a great way to call out and reach out to other people in public who relate to your sentiments and can help strengthen the file PIL. However, it is always advisable to consult a lawyer in the process because a trained lawyer can tell you certain aspects of the process and due procedure that may not be common sense but have a role to play in the larger judicial machinery. So if you have any queries with regards to PILs or are looking for legal assistance to file a PIL, then get in touch with us and our team of lawyers will get in touch with you to get a better understanding of your requirements and help you with your needs.

Frequently Asked Questions

Other Related Articles

• FAQs on Public Interest Litigation
• How can the PIL be Beneficial to Society?