Meaning of Public Interest Litigation

• Violation of basic human rights of any group of people
• Violation of basic fundamental rights
• Content or execution of any government policy, notification, order etc
• Violation of any religious rights or sentiments
• Induce the municipal authorities to perform their duties
• Any actions of the government or private agency causing an environmental hazard or pollution
• Any inconvenience on roads being faced by the commuters like due to potholes, traffic lights, lack of street lights, lack of PCR vans etc
• Issues relating to child labour, bonded labour, inhumane working conditions of labour etc

As understood, these issues relate to the large group of people or the public at large. If merely one person is affected by any government action or inaction, it cannot form a ground for the filing of Public interest litigation.

• A Public Interest Litigation can only be filed against a Central Government, State government or any Municipal Authority and not against any Private Party.
• Nevertheless, if the facts and the subject matter demands then a Private Party can be included in the array of respondents in a Public Interest Litigation after suitably including the concerned Public Authority as the respondent. Thus, a PIL cannot be filed against a Private party alone.

• In Supreme Court under Art.32 of the Constitution; The handbook of procedure of Supreme Court states that “Under the Extra-ordinary Original Jurisdiction, a writ petition in the nature of public interest litigation can be filed in the Supreme Court.”
• In High Court under Art.226 of the Constitution; and
• In the Court of Magistrate under Section 133, Criminal Procedure Code

In High Court

For a Public Interest Litigation filed in a High Court, two (2) copies of the petition have to be filed with the registry. Advance copies have to be served to the opposite party or their empanelled Advocates.

In Supreme Court

For a Public Interest Litigation filed in the Supreme Court, a total of five (5) sets of the petition have to be filed. Here the opposite party is supplied with the copy only after the notice is issued by the Court.

A fixed Court Fee of Rs. 50 for each respondent named in the petition has to be affixed with the PIL.

After the filing, the regular process is followed by the court: first hearing, admission, reply, rejoinder, appreciating the evidence etc.

Any Writ Petition which fulfils the criteria set for the Public Interest Litigation i.e. for greater public welfare can be treated as a Public Interest Litigation by the Court.

• Contact us with your issue of the Public interest Litigation keeping in mind that the grievance should not be of a private nature but should address the public at large or should be in the interest of the society. The issue and relief sought must not be solely against a private party. It is essential that a direction for any public authority is being sought as a relief.
• A Case Manager shall be assigned to you with whom you can discuss the facts, material, your research, and your queries. The Case Manager shall remain your point of contact during the entire proceedings.
• A lawyer shall be appointed as per the jurisdiction and the subject matter.
• The documentation and procedures shall be administered by our team in collaboration with the lawyer.
• At every stage of the proceedings, till its finality, you shall be notified of the updates of the case.
• We shall keep track of the lawyer assigned to you so that you face no troubles.