How to file PIL

Various areas where public interest litigation (PIL) can be filed:

Violation of religious rights or basic fundamental rights

Violation of basic human rights of the poor

Compel municipal authorities to perform a public duty

Content or conduct of government policy

Where to file PIL?

PIL can be filed either in High Court or Supreme Court depending on the situation. Both the courts have power to entertain the public interest litigation.

How to file a PIL:

Procedure to file a public interest litigation is just like a filing a general writ in High Court or Supreme Court.

In High Court:

If a PIL is filed in a High court, then the person needs to file two copies of the petition. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

In Supreme Court:

If a PIL is filed in the Supreme Court, then five sets of petition has to be filed opposite party is served, the copy only when notice is issued.

Court fees:

A court fee of Rs 50, per respondent has to be affixed on the petition.

Procedure:

The proceedings in the case of PIL commence and carry on in the same manner, as other cases.

The judge can appoint a commissioner to inspect allegations like pollution being caused, trees being cut, sewer problems, etc between the proceedings.

After the final hearing, the judge gives his final decision.

Difference between a PIL and Writ Petition

The writ petition is filed by individuals or institutions for their own benefit, while public interest litigation is filed for the benefit of the general public.

What are the issues on which a PIL cannot be filed?

The Supreme Court has released a list of guidelines regarding the filing of PIL according to which PIL cannot be filed in the following cases:

Matters related to landlord-tenant

Matters related to services

Pension and Gratuity related matters

Complaints against central and state government departments and local bodies, excluding issues related to items 1 to 10 mentioned in the list of guidelines.

Matters related to admission in medical and other educational institutions

Petition for early hearing of pending cases in High Court or subordinate courts

Do judges accept PILs?

PIL is accepted by the Chief Justice of the court, so it completely depends on how the Chief Justice views the case. The average rate for accepting a PIL by the High Court or the Supreme Court ranges from 30 to 60 percent. Usually, PILs are accepted in which the judges agree with the facts stated and feel that the subject is of importance and is in the public interest.

How long does it take in the PIL case hearing?

If a case is related to the lives of many people or is related to human rights violations etc., the court completes the hearing in a very short time and settles the case. But in general, due to the accumulation of excessive public interest petitions in courts, it takes years to hear and settle cases. However, during the hearing, the court can give instructions to the officials to do some work if needed. After the final hearing of both parties, a final decision is given in matters related to public interest petitions.

Are the rights related to filing PILs in India being misused?

It is interesting to know that in India, where the number of cases pending in courts is already high, the misuse of public interest petitions is increasing. In 2010, the Supreme Court had expressed considerable displeasure over PILs involving personal or irrelevant cases and issued certain guidelines to the courts for accepting PILs. In this regard, a bench of Judges involving Justice Dalveer Bhandari and Mukundakam Sharma stated that the "indiscriminate filing of PILs creates unnecessary pressure on the judicial system and results in excessive delays in the disposal of genuine and relevant cases."

After studying the emergence and development of public interest litigation in various countries, Justice Dalveer Bhandari writes that "The courts have given a new definition of life and liberty through public interest litigation aimed at helping the poor classes." Also, matters related to ecology, environment, and protection of forests have been raised from time to time through public interest litigation. However, unfortunately, such important jurisdictions, which have been carefully drafted and taken care of by the courts, are misused through petitions filed with certain wrong intentions”.

However, any litigation in India, including PIL is a long drawn process and may leave a deep hole in your pocket, unless you’re working with a pro bono legal advisor or court appointed advocate. There are often provisions under various acts for minimum time periods to be adhered to, so you may have to stick around longer if any Government department/Ministry/Official is involved. Two copies of the petition, if filed in the High Court and five copies, if filed in the Supreme Court have to be furnished alongside a proof of service of notice to the other parties.

Arguments in the Court – Once a case is accepted by the court, the court would begin hearing arguments. However, if it’s is a matter that demands immediate attention or the urgency is such that any delay may aggravate the issue, the Court may appoint Commissioners to look into the same and advise the court on the matter.

The Decision and how it may permanently affect the issue in question – After hearing both parties, the judge gives a decision. It is important to understand here that the decision given by a judge may change the fate of the issue. For example, a much debated case of an environmental PIL arose when a botanical garden society questioned the granting of a license to construct a resort in the middle of a forest to the Taj Group.

The judges of the Supreme Court had disposed off the PIL stating that the Taj Group had taken relevant licenses and was best-equipped in working towards developing the aesthetics of the region. Thus, not all PILs finally lead to positive outcomes. However, the judges of the court often, through interim orders, final orders and directing an appropriate authority to look into the matter have brought justice to many.