- Under Article 32, Article 226 in India a person can file a public Interest Litigation.
- The procedure requirement for filling the PIL is very easy and relaxing as compared to other petitions files under Indian Law system.
- If a person sends email, postcards, newspaper report and also a letter to the Supreme Court, acting as a public interest has been count as PIL.
- If a court receive any simple information for complaining of legal injury against a person or a group of persons who are not able to approach to court directly because of the poverty, disability are treated as PIL.
- First step is a person has to collect all the information relating to a affecting person or persons like documents, photographs, etc.
- Then a person has to file a case as written petition as follows:
- Firstly a person has to concern a good lawyer or who is filling the petition is himself a lawyer so a person has to take help for somebody in drafting if it is required.
- Write to relevant authorizes and also maintain records in organized form for what we expect from court or what we demanding from court.
- For proofing our case in court we have to arrange all the documents for proof like photographs for proof, affidavit of the party, copies of petition and if any other proof are there so that proof is also maintain in proper way.
- A person who is filling the petition so that petition has to be in proper jurisdiction, with the respected location of court within the proper jurisdiction.
- If we are filling the petition in the High Court so the person has to filled two sets of copy like one for court and the another one is for the opposite party, so for the opposite party a person has to give advance copy in the court for the petition.
- And if a person going to file petition in the Supreme Court then a person has to file 5 sets of copy.
- And the person against whom the petition is filled so the notice will be given to the opposite party.
- A person has to attach on the petition a court fee of Rs. 50 per respondent.
- So the court fees are going to be affixed as the number of respondent.
- And after the replies of the opposite party or the rejoinder and after hearing both the parties the court will pronounce their judgment.
- In between the ongoing trial the Judge can also appoint a commissioner for inspecting the allegations which puts the petitioner party on the respondent.
There are also certain principles which are laid down by the court in the case of Hussain Khatoon v/s Home Secretary, State of Bihar.
Those principles are as follow:
- A petition is not filled by the person whose rights are violated or whose rights are at issue or a can be brought before the court by any of the public spirited citizen.
- A person who is going to file a petition that person need not have to proper knowledge of the litigation and he only support his contention by the referring the excerpts like any news paper or any news television.
- Both the legal principles and relief can be used in the preliminary stage of litigation.
- The scope of litigation can be expanded beyond what was stated in the original petition if during the ongoing matter of case facts are going to indicate greater type of injustice.
Who can file PIL?
- As you all know in general only a aggrieved party can only file a case in the court of law for seeking the justice or any other person who has the interest in the dispute.
- But in the case of PIL any person can file a PIL in the court of law, there is no such requirement.
- We can say that this thing is one of the most primary advantage, a person who is going to filling PIL that person did not need to prove in the court that he has any interest in the case.