In layman’s terms, a PIL is a petition that may be filed with the court by a person, non-governmental organization, or citizen group in search of justice in a situation that has wider public interest. It makes an effort to open up the legal system to the general public so they can seek legal redress for a more important cause. PIL has no official definition in law. Judicial activism is the effect of recognizing a cause upon the request of any person, even if it does not directly affect him but instead has an impact on the general public. The Public Interest Litigation (PIL) is a powerful tool for people who are socially conscious and desire to use the legal system to improve the system.
Public interest litigation cases that are decided in favor of or against by India’s High Court or Supreme Court frequently make the news these days. Unquestionably, a PIL lawsuit affects the lives of people who are somehow connected to the problem, whether the case is successful or unsuccessful.
Procedure of filing PIL:
- Get in touch with a public interest lawyer or organization to file the case.
- Compile all necessary documents, such as title deeds, proof of residency, identification, notice, and, if necessary, a resettlement policy, as well as images of the eviction.
- Compile a list of all the parties seeking legal remedy together with their names and addresses.
- List the names and contact information for the government agencies that you are requesting assistance from.
- List the situations that lead to infringement of basic rights.
- Include any additional relevant information about the eviction together with the dates indicating the duration of stay at the place, the date of the eviction, the date and whether or not an eviction notice was given.
- Clearly state the “prayers” or remedies that the court is requesting.
Before filing a Public Interest Litigation with the courts, a person (the petitioner) is required to do a thorough investigation on the pertinent subject. Once a person decides to file a Public Interest Litigation (PIL), he or she should compile the relevant information and the essential documents to support and defend their position.
A litigant with a public interest may represent oneself in court or hire legal representation. Generally speaking, it is usually advisable to consult an advocate before submitting a PIL.
If someone wants to file a Public Interest Litigation at the High Court, they must provide the court with two copies of the petition. A copy of the petition must also be provided in advance to each defendant; documentation proving this must be included to the PIL.
Who can file PIL?
The only prerequisite is that it must be submitted in the public interest rather than taking into account any kind of private interest. The court may also take notice of a case if it has significant public significance and appoint a lawyer to represent the client. Lawyers in Jaipur may be appointed if the person resides there.. If the petition is filed in Kolkata, lawyers in Kolkata may also be assigned. If the petition is to be filed in Hyderabad, Lawyers in Hyderabad can also be consulted. If the petition is to be filed in Hyderabad
Any Indian citizen may submit a PIL, with the sole condition that it be done so for greater good rather than for individual benefit. Even the Court may take cognizance of a matter and appoint an advocate to represent the parties when it is of the utmost public interest.
Depending on the circumstances, public interest litigation (PIL) may be taken before the Supreme Court or the High Court. Either court may take the Public Interest Litigation into consideration.
Filing a PIL: It can be filed in higher courts (like the Supreme Court or High Courts) through a written petition.
Hearing: The court schedules a hearing where the petitioner presents their case. Respondents may include government bodies, corporations, or other entities.
Judgment: The court issues directives or orders aimed at addressing the issue raised, which can lead to policy changes or enforcement of laws.
Fees:
Compared to other court cases, a PIL can be filed for a lower filing fee. A Rs. 50 fee is due from each respondent and must be submitted with the petition. The total cost of the entire process, however, will be decided by the petitioner’s chosen lawyer.
After taking a tough position against frivolous public interest litigation petitions filed for personal or unrelated causes in 2010, the Supreme Court ultimately established some guidelines that courts must follow while taking PILs into account. The filing of indiscriminate petitions “creates excessive strain on the court system and consequently contributes to disproportionate delay in disposing of real and bona fide concerns,” a bench made up of Justices Dalveer Bhandari and Mukundakam Sharma ruled. We provide a variety of knowledge and legal services at Lead India Law. Here, you can ask questions to experts online for free. To get the greatest guidance in this situation, talk to a lawyer. Our legal team’s expertise in the law will help you make intelligent decisions. Additionally, our team of professionals offers free legal advice online regarding the PIL
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