Litigation filed in the interest of the public is known as a PIL. Essentially, it refers to legal action taken to protect “Public Interests” in a court of law. You can file a PIL in a variety of situations, including pollution, terrorism, road safety, and other issues that affect the public at large.
Public Interest Litigation: Who Can File It?
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It is generally possible for an aggrieved party i.e. a victim to file a case, or anyone else with an interest in the dispute. In contrast, filing a Public Interest Litigation is not subject to such requirements. Litigations in the public interest can be brought by anyone.
This is one of the primary advantages of a PIL, the person filing a PIL need not show that he has an interest in that particular case. In legal terms, the person who is filing such a petition does not need to exhibit a ‘locus standi’ in the case or the fact that one has suffered or is likely to suffer legal injury. Thus, a person can approach the court on behalf of others even though he is not the one who is aggrieved in any sense.
The application of habeas corpus is a good example of this since it is made by the relatives of someone who cannot file such an application on their own behalf because the person is missing. By examining this example, we can understand locus standi, a principle that can be applied even when habeas corpus is a writ.
Hussainara Khatoon v. Home Secretary, State of Bihar, was the case in which the Supreme Court laid down four distinct principles of PIL in India during the phase of establishing the principles of PIL. As a result, we adhere to the following principles:
- Public-spirited citizens can bring a petition before the court without the need to file on behalf of themselves,
- The petitioner need not be familiar with the details of the case when filing the petition, and he can cite excerpts from newspaper articles to support his arguments.
- The preliminary stage of litigation can involve both legal principles and relief, and
- During the course of the case, facts may reveal greater injustice than stated in the initial petition, thus expanding the scope of litigation
PIL PROCEDURE
As with writ petitions, PILs are filed based on the petitioner’s claim. PILs are handled just such as other cases, and commence and continue exactly as they do in other cases.
If you wish to file a petition in the public interest, you can do so by contacting any of the following courts:
- According to Article 32 of the Indian Constitution, the Supreme Court has the power to:
- According to Article 226 of the Constitution of India, the High Court has jurisdiction;
- Under Section 133 of the Cr.P.A., the Court of Magistrate. P.C.
There are two (2) copies of a petition required when filing a PIL with the High Court, however, if a person wishes to submit the petition to the Supreme Court, he will have to submit five (5) copies.
Nevertheless, courts must ensure the petitioner is not acting for private profit, political gain, or any other indirect reason, but for good faith (bona fide).
At the present time, PILs can be filed by letter and the concerned courts have the authority to act upon them as if they were writs. There are, however, some letters A petition application may be considered by the court. Only the following situations would justify the court taking such a step.
- Whenever the letter is directed at a party who feels aggrieved;
- If addressed by any individual with a strong sense of public duty;
- The request is made by a social action organization to enforce a person’s or group’s constitutional or legal rights, which are infringed by their physical, social, or financial circumstances.
Some victims are not able to initiate litigation as they do not have the necessary resources to do so. Others are prevented from proceeding to court due to suppression or infringement of their rights to freedom. Cases of this type can be brought before the court suo moto and proceedings can be commenced.
Payment of court fees – On each petition, you must attach Rs. 50 for each respondent.
Conclusion
An important step taken by the judiciary is the PIL process, since it allows the individual to request that the judiciary intervene even when he or she has no personal interest in the case’s outcome. Although he has filed this petition in order to assist other individuals or groups who themselves cannot approach the court due to various disabilities, he has filed it in order to benefit other individuals. The constitution also directs the branches to function properly when needed and maintains equilibrium between all branches.
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