Public Interest Litigation (PIL) in India

Overview of Public Interest Litigation (PIL)

As the term implies, litigation for any public interest is known as public interest litigation (PIL). Due to the fact that the word 'litigation' simply implies 'legal action,' it refers to a legal action launched by a prominent figure. This strategy serves to safeguard the general welfare. It is a legal action brought in a court of law to defend welfare issues like terrorism, pollution, and building dangers.

PIL allows Indian citizens to submit a petition to the Supreme Court or a High Court immediately. Any person may bring a public interest lawsuit. A public interest lawsuit is intended to hold the government accountable when it is believed that someone is being denied their rights and interests.

When to Consider Filing a Public Interest Litigation

• Violation of ethical rights or fundamental rights.
• Violation of human rights of the poor.
• Force the municipal authorities to conduct a public duty.
• Execution of government policy.

Benefits of Public Interest Litigation

• It clarifies the law.
• Hold public bodies to account by assuring that they make correct choices, act fairly within the remit of their powers.
• Help and develop the law by allowing the judges to interpret legislation.
• Give weak people a voice by highlighting a major issue.
• Moreover, providing a platform for advocating for their rights.
• Raise awareness of major problems supporting public debate and media coverage.
• Vigilant citizens can find a reasonable solution because there is only a nominal rate of court fees.
• Litigants can focus attention on and achieve outcomes about larger public issues. Moreover, in the field of Human rights, consumer welfare, and the environment.

Objectives of Public Interest Litigation

Public interest litigation (PIL) is a legal concept in India that allows individuals or organizations to file a lawsuit in the public interest on behalf of those unable to access the legal system or otherwise disadvantaged. The main objectives of PIL in India are

• PIL allows individuals and organizations to bring legal action on behalf of disadvantaged or marginalized groups who may not have the resources or knowledge to do so themselves
• PIL can be used to challenge government actions or policies detrimental to the public interest or to advocate for enforcing laws or policies that protect the public interest
• Public interest litigation is frequently used to evaluate a public body's or individual's failure to act, or to dispute the legality of a decision or action, all within the confines of judicial review
• PIL can be used to challenge the government or public authorities' actions or inaction and hold them accountable for their actions or failures to act
• Public Interest Litigation can be used to enforce the fundamental rights of citizens, as guaranteed by the Constitution of India
• Public Interest Litigation can be used to address issues of social and environmental concern, such as pollution, deforestation, and human rights abuses.

Where to File PIL?

Public Interest Litigation can be filed in the High Court or Supreme Court, depending on the situation. Both courts have the power to entertain the PIL.

• In High Court

  If a PIL is filed in a High Court, the person must file two copies of the petition. Similarly, an advance copy of the petition has to be served on each respondent, which is the opposite party, and this proof of service has to be attached to the petition.

• In The Supreme Court

  If the PIL is filed in Supreme Court, then five sets of the petition should be filed opposite the party served, the copy only if the notice is issued.

Conditions to File Public Interest Litigation

Public Interest Litigation can be filed if the following reasons are met.

• Compel local government to deport a public service
• The carrying out of state/central government policy
• A violation of moral or fundamental rights
• Violation of the moral and human rights of the underprivileged and excluded members of society.

Public Interest Litigation (PIL) Format

The Public Interest Litigation PIL format has the following procedures:

• The supreme court format has the petitioner's name and the respondent's name.
• The format should be written to the Chief Justice of India.
• Moreover, proceed with the subject of the format to fill the necessary event.

Procedure to File Public Interest Litigation in India

• Step 1

  Before submitting a Public Interest Litigation over the subject, you must conduct a thorough study. Every time a Public Interest Litigation is launched involving people at large, the petitioner is required to confer with all the parties involved, including individuals and organisations.

• Step 2

  Once you are certain that you will file a Public Interest Litigation, gather all the necessary material and documents as evidence to support your case. You can hire a lawyer to present your case or present it on your own.

• Step 3

  Always seek legal advice before initiating the Public Interest Litigation. If you're interested in presenting the case on your own in the future, be ready to persuade the judge and explain the issue.

• Step 4

  Names of the petitioner and respondent are included in the Supreme Court's format. It must be written and addressed to India's ‘Chief Justice’ To fill out the necessary event, you need to move forward with the format's subject.

• Step 5

  Send two copies of the petition to the court when the Public Interest Litigation copy is prepared to be filed in the High Court. Additionally, the petition must be served in advance on the respondents in one copy. The petition must include a copy of the documentation of serving the respondents with a copy of the petition.

• Step 6

  If the Public Interest Litigation is brought before the Supreme Court of India under Article 32 of the Indian Constitution, nearly five copies of the petition must be filed with the court. When the court provides the notice on the same, the opposing party (Respondent) is served with a copy of the petition.

Why Public Interest Litigation Matters for Social Justice

• The PIL clarifies the Indian societal law
• It ensures that they make appropriate decisions, act fair and transparent within their legal powers
• Aid in improving the law by presenting the judges with the chance to interpret the legislation correctly
• Present a voice to the voiceless and vulnerable by highlighting a crucial issue
• Providing a platform for vulnerable people to protect and practice their rights
• Increase awareness of societal concerns, promote public debates and improve accurate media coverage

Who Can File a Public Interest Litigation?

Public Interest Litigation (PIL) in India can be filed by any individual, under Article 32 for matters involving Fundamental Rights, or under Article 226 for other rights. There's no need for the filer to be directly impacted by the issue. A PIL can be filed against both state actions and private parties if their activities negatively affect public welfare. Yet, the courts can dismiss PILs that lack genuine public interest. Such cases may even lead to penalties. This is a measure to prevent misuse of PILs, ensuring they truly serve public interests.

Documents for Public Interest Litigation

• Request a public interest lawyer or association to file the case.
• Collect essential documents such as title deeds, verification of residence, identity proof, notice, resettlement policy if any, and photos of the eviction.
• List names and addresses of all aggrieved people nearing the court.
• List names and addresses of government officers from which relief is inquired.
• List events providing rise to violations of basic rights.
• Similarly, list 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.
• Mention the relief being sought from the court.

History of Public Interest Litigation (PIL) in India

In 1979, lawyer Kapila Hingorani filed a petition before a Bench led by Justice P N Bhagwati in the Supreme Court, which led to the release of nearly 40,000 undertrials from Patna's jails. This became known as the famous 'Hussainara Khatoon' case. Hingorani's success in the case earned her the nickname 'Mother of PILs'. The court allowed Hingorani to pursue a case in which she had no personal interest, thereby making PILs a permanent fixture in Indian jurisprudence.

Justice Bhagwati played a crucial role in defining the concept of PILs. He relaxed the strict procedural formalities and accepted letters from public-spirited individuals as writ petitions. Along with Justice V R Krishna Iyer, he was one of the first judges in India to recognise the validity of PILs.

Recent Updates

• 27 April 2023

  Aman Sharma from Indore filed a PIL through Advocate Abhinav Dhanodkar alleging that the Indore Development Authority is engaging in illegal tree felling. The Madhya Pradesh High Court has taken notice of the PIL, which seeks to recognise trees as living entities. The Indore municipality has provided tree ambulances for resolving and saving trees from disease. Since the ambulances are used only for the welfare of the living things, denoting that the trees are living beings. The petitioner has asked for temporary respite so that a committee of experts may be formed to monitor tree cutting in Indore and produce a report. Additionally, the petition requests that the central and state governments formulate a strategy to stop trees from being cut down for future electricity.

• September 13, 2022

  On Tuesday, the order issued on September 5 by a division bench of Justices Vivek Rusia and Amarnath Kesharwani was made public. The bench concluded that because it is their profession to make money, 'no writ can be issued against private people like Khan, Dhoni, Kohli, and Sharma for barring them from performing any advertisement.

• September 11, 2022

  Over 200 PILs, including a number of petitions contesting the controversial Citizenship (Amendment) Act's constitutionality, are set for hearing by the Supreme Court on Monday.

Why Vakilsearch?

Why should you choose Vakilsearch to file a PIL? The reasons are as follows:

• One of the platforms that works with you to meet all of your legal needs and link you to reliable professionals is Vakilsearch.
• Our clientele are happy with the legal services we provide which is the reason why we have over 4,00,000 customers and is counting.
• They continually hold us in high respect and provide regular updates as a result of our focus on making legal obligations simple.
• Additionally, our users may always keep tabs on the development of our platform. Our knowledgeable legal consultants are available by phone if you have any queries concerning the Public Interest Litigation for the petition filing process.
• Vakilsearch will make sure that your interactions with the government and other individuals are pleasant and seamless.