Procedure to File a Public Interest Litigation (PIL) in India
Public Interest Litigation (PIL) is a powerful tool to seek justice and bring about public interest jurisprudence in India. However, the process of filing a PIL is quite specific and requires careful consideration. In this article, we will guide you through the procedure to file a PIL in India, including the eligibility criteria, decision-making process, and the actual filing procedure.
Eligibility to File a PIL
Any Indian citizen can file a Public Interest Litigation (PIL) provided the petition is based on a matter of significant public interest and not for the benefit of a private individual. However, it's important to note that filing a PIL is subject to the discretion of the honorable judges. A tweet, mail, or post by a judge can also be treated as a PIL if it is deemed to serve a public interest.
Deciding to File a PIL
It is always suggested to explore alternative avenues for resolution before deciding to file a PIL. This means trying to resolve the issue with the concerned authorities or obtaining feedback from other stakeholders. For instance, if you have an issue with a government policy, it's advisable to approach the relevant government department first. Once you have given the appropriate authorities reasonable time to respond, they should either take action or justify their inaction. If no action is taken, only then should a PIL be considered.
Where to File a PIL
Public Interest Litigations can be filed in either the High Court or the Supreme Court of India, depending on the nature and scope of the issue. The High Court has jurisdiction over PILs related to state-level issues, whereas the Supreme Court handles PILs related to national issues or those requiring a higher authority's intervention.
Procedure for Filing a PIL
Before filing a PIL, it is crucial to conduct thorough research on the issue at hand. This research should include gathering data, documenting evidence, and understanding the legal landscape. If the PIL involves multiple parties or groups, it is advisable to consult them all and seek their views.
Once you are convinced about the necessity and validity of the PIL, gather all necessary documents and evidence to support your case. You can either argue the case yourself or appoint a lawyer to handle it on your behalf. Consulting a lawyer before proceeding is always a good idea, especially if you plan to argue the case yourself.
If you are filing a PIL with the High Court, you need to submit two copies of the petition. One of these copies should also be served to the respondents in advance. The proof of this service must be affixed to the petition. On the other hand, if the PIL is being filed in the Supreme Court, five copies of the petition must be submitted, and the respondents should be served with the petition when the court issues a notice.
It is important to note that the procedure and requirements may vary slightly based on the specific court and the nature of the case. Therefore, it is advisable to seek legal advice or consult the court's provisions to ensure compliance.
Concluding Note: Public Interest Litigation is a vital instrument to address issues of public concern. However, the process is rigorous and should be approached with due diligence. By understanding the process and requirements, you can ensure that your contribution to public interest litigation is effective and impactful.
References: Procedure To File A Public Interest Litigation (PIL) - Vakilsearch