Saturday, 12 January 2019

True Facts about Public Interest Litigation (PIL)

True Facts about Public Interest Litigation (PIL)

A PIL is a power given to the public by the court on any issue. A Public Interest Litigation (PIL) can be filed in either any High Court or in the Supreme Court. A PIL can be filed for any matters of the public such as polluted environments, road safety or constructional hazards etc.

Any person can file a Public Interest Litigation not necessary he/she has to be a victim. PIL is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. Public Interest Litigation is the power given to protect the public interest by courts.

The court can itself take cognizance of the matter and anticipate suo motu or cases can commence on the petition of any public-spirited individual.

The name Public Interest Litigation has not been defined in the Constitution and is a more common name for a Writ issued by the Supreme Court in an exercise of its original jurisdiction under Article 32 of the Constitution of India. The following describes in detail about the procedure how to file a PIL in Supreme Court of India.

Check about the subject under which you are thinking to file the PIL and read all the details of the provisions of the law and the violations of the law if any being done by the State or any statutory body. Make a detailed representation regarding the violations being made by the department concerned or the concerned authorities to take the remedial steps in this regard. If possible a reminder to the same may also be given.

Check any arbitrary law, irregularity in the enforcement of law and the class of people being affected by such law or the inactivity of the department concerned. Collect all the relevant material, press reporting, documents etc in this regard and arrange them chronologically. Draft a petition under Article 32 of the Constitution of India citing the violations of the law, inactivity of the state and all other grounds. The format for PIL is given below which may be used. It is important to take the assistance or services of a trained legal hand for the purpose.

Prepare and file the PIL in Supreme Court of India before the Registry of the Supreme Court of India and get the matter listed before the court after due scrutiny. The matter is thereafter listed before the Court of hearing and orders accordingly.

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