Law •
March 28, 2025
PIL || Public Interest Litigation || it's for a large number of people's, NGO, Groups.
Goutam Paul On PIL: Public Interest Litigation (PIL) is a legal mechanism through which individuals or groups can file petitions in the High Courts or the Supreme Court of India for the protection of public interest. Here are some important laws, rules, and procedures associated with filing a PIL in these courts:
Key Features of PIL
1. *Purpose*: PIL is meant to address issues of public interest such as environmental protection, human rights violations, and systemic injustices.
2. *Standing*: Unlike traditional litigants, anyone can file a PIL. The petitioner does not need to have a personal interest in the matter; they can act on behalf of those who cannot represent themselves.
Legal Framework
1. *Constitution of India*:
- *Article 32*: Provides the right to approach the Supreme Court for enforcement of Fundamental Rights.
- *Article 226*: Grants the High Courts the power to issue writs for enforcing Fundamental Rights and for any other purpose.
2. *Judicial Precedents*: Various Supreme Court judgments have laid down guidelines for the filing and hearing of PILs. Case law has established the scope, limitations, and guidelines.
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*Hearing*:
- Once filed, the case will be listed for hearing.
- The Chief Justice may decide whether to admit the case for a full hearing based on the merit of the petition.
Important Considerations
1. Vexatious and Frivolous Petitions :- Courts have the authority to dismiss PILs that are filed for personal gain, or those which are frivolous or vexatious.
2. *Legal Standing*: Individuals or organizations filing a PIL must demonstrate that the issue affects a significant part of society or public interest.
3. *Representatives*: Non-governmental organizations (NGOs) or individuals can file on behalf of affected persons who may not have the means to approach the court themselves.
4. *Format and Language*: The petition must be drafted in the language and format prescribed by the respective court's rules.
5. *Counsel Representation*: While one need not be a lawyer to file a PIL, it is advisable to engage a lawyer who is familiar with the judiciary to navigate the complexities of legal procedures.
Filing a PIL can be an effective way to address issues of public interest, but it requires careful consideration of legal principles and procedural rules. Legal advice is often beneficial in ensuring that the petition aligns with judicial expectations like, The court should ensure that the PIL addresses real public harm or injury and that the petitioner has no personal, private, or ulterior motives. Public Interest, is something in which the general public, or the community at large, has a monetary interest, or something in which their legal rights or liabilities are affected. It does not refer to something as restricted as ordinary curiosity or the interest of certain areas that may be touched by the issues at hand. Citizens’ interest is prevalent in affairs of the local or State government, physically approach the courts and seek redress for his or her claim. Any other person who was not directly harmed could not seek justice on behalf of the victim or the aggrieved party.In other words, only the parties harmed have the Locus Standi (legal standing) to initiate a complaint and pursue the litigation. As a result, there was no connection between the constitutionally given rights on the one hand and the large majority of illiterate individuals on the other. The conventional interpretation of Locus Standi in Writ jurisdiction has been that only those who:
a) Have experienced legal damage as a result of a violation of his legal right or legally protected interest; or
b) is likely to incur legal harm as a result of a breach of a legally protected right or interest. Thus, prior to acquiring Locus Standi. He or she had to have a personal or individual right that had been violated or was threatened with violation.
c) He or she should have been an aggrieved party in the sense that he or she had suffered or was going to suffer from bias, financial or otherwise
The notion of public interest litigation (PIL) is founded on Article 39A’s goals of providing legal assistance and promoting justice. Filing a PIL is not as time-consuming as filing a regular legal action; at all.