In this blogpost, Sudhi Ranjan Bagri, Student, National Law Institute University, Bhopal, writes about who can file a PIL and the procedure to file a PIL

Introduction

PIL stands for “Public Interest Litigation”. In plain language, it means, litigation filed in a court of law for the protection of “Public Interest”. A PIL can be filed for various matters, some of which are pollution, terrorism, road safety, or any such matters which are concerned with public at large.

Who Can File A Public Interest Litigation

In general, a case can be filed by the aggrieved party i.e. the victim, or any such person who has an interest related to the dispute. But there is no such requirement for filing a Public Interest Litigation. Any person can file a Public Interest Litigation.

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 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.

One such example is filing an application of ‘habeas corpus’ because the person for whom such application is made is missing and hence cannot be filed by him, so his relatives file such an application. Though habeas corpus is a writ, the principle of locus standi can be very well understood by this example.

During the phase, when the principles of PIL were being settled, the Supreme Court in the case of Hussainara Khatoon v. Home Secretary, State of Bihar[1], laid down four distinct principles of PIL in India. These principles are as follows:

• a petition need not be filed by the person whose own legal rights are at issue and can be brought before the court by any public-spirited citizen,
• the person who is filing the petition need not have personal knowledge of the case details, and he can support his contentions by referring to excerpts like those of newspaper articles,
• both legal principles and relief can be used in the preliminary stage of the litigation, and
• the scope of litigation can be expanded beyond what was stated in the original petition if during the progress of the case facts indicate greater injustice

PROCEDURE TO FILE A PIL

A PIL is filed in the same manner as a writ petition is filed.[2] Proceedings, in PIL commence and carry on in the same manner, as other cases.[3]

Any of these courts can be approached for filing the petition in the interests of the public or for public welfare[4]:

• Supreme Court under Art.32 of the Constitution of India;
• High Court under Art.226 of the Constitution of India; and
• The Court of Magistrate under Sec.133 of Cr. P.C.

While filing a PIL under the jurisdiction of High Court, two (2) copies of the petition have to be filed, however if a person wants to file a PIL under the jurisdiction of Supreme Court, he has to file five(5) sets of petitions. [5]

The courts must, however, ensure that the petitioner is acting in good faith (bona fide), and not for his personal gain, private profit or political or other indirect considerations.[6]

The present position regarding filing PILs by letters is that the concerned courts can treat a letter as a writ petition and take action upon it. But, it is not every letter which may be treated as a petition application by the court. The court would be justified in doing so only in the following cases[7]–

• When the letter is being addressed by an aggrieved person; or
• Addressed by any public spirited individual; or
• Addressed by a social action group for enforcement of the constitutional or the legal rights of a person or a group or class or persons who cannot approach the court for redressal, amounting to any physical, social or financial disability.

There are situations where the victim does not have the necessary resources to commence litigation or he cannot move to the court as his right to freedom has been concealed or encroached upon. The court can suo moto take cognizance of such cases and can commence the proceedings thereon.

Court Fees– A fee of Rs. 50, per respondent, has to be affixed on the petition.[8]

Conclusion

PIL is one of the very important steps taken by the judiciary, as it helps the individual to ask for the intervention of judiciary even in cases where the petitioner doesn’t have any personal interest in the outcome of the case, but it is for the sake of benefit of other individuals or a group or class of individuals, who themselves cannot approach the court owing to various disabilities, that he has filed such a petition. It also helps in maintaining the equilibrium between all the branches, as enunciated by the constitution, and directs them to function properly as and when needed.

[1] (1980) 1 SCC 98

[2] See http://www.advocatekhoj.com/library/lawareas/publicinterestlitigation/procedure.php?Title=Public%20Interest%20%20%20Litigation&STitle=Procedure%20to%20File%20a%20Public%20Interest%20Litigation

[3]See http://www.advocatekhoj.com/library/lawareas/publicinterestlitigation/procedure.php?Title=Public%20Interest%20%20%20Litigation&STitle=Procedure%20to%20File%20a%20Public%20Interest%20Litigation

[4] See http://www.vakilno1.com/legal-advice/know-public-interest-litigation-pil.html

[5] Supreme Court guidelines, available at http://supremecourtofindia.nic.in/circular/guidelines/pilguidelines.pdf

[6] Ibid

[7] S. Kaushik, Know all about Public Interest Litigation (PIL), available at http://www.vakilno1.com/legal-advice/know-public-interest-litigation-pil.html

[8] Supra 2