Public Interest Litigation (PIL) is a powerful tool for people who are socially conscious and desire to use the legal system to improve the system. Public interest litigation cases that are decided in favor of or against by India's High Court or Supreme Court frequently make the news these days. Whether a PIL lawsuit is successful or unsuccessful, it unquestionably has an impact on the lives of persons who are somehow connected to the issue.
Justice Bhagwati, who presided as India's Chief Justice from July 12, 1985, to December 20, 1986, is usually referred to as the father of the country's public interest litigation because of his contributions to the field of law. There are two types of public interest litigation (PIL): Social Action by Citizens and Exemplary Social Action.
A public interest lawsuit may be filed by any Indian person or organisation (PIL). The only prerequisite is that it must be filed in the public interest without taking any kind of private interest into account. The court may also take notice of a case and appoint a lawyer to represent the client when it is a matter of significant public interest. Public Interest Litigation (PIL) may be brought before the Supreme Court or the High Court, depending on the situation. Either court may take the Public Interest Litigation into consideration.
How to file PIL:
PIL in High Court: If someone wants to file a Public Interest Litigation at the High Court, they must provide the court with two copies of the petition. Additionally, a copy of the petition must be sent in advance to each defendant; evidence of this must be included with the PIL.
A PIL is comparatively affordable in and of itself versus other court proceedings. Each respondent must pay a court fee of Rs. 50 and attach it to the petition. However, the expense of litigating the matter would depend on the lawyer the petitioner chooses. As PIL can be filed in High Court, a lawyer should be appointed for this purpose. If the PIL is filed in Hyderabad then Criminal Lawyers In Hyderabad can be appointed. Likewise, Criminal Lawyers In Bangalore can be appointed if the PIL is filed in Bangalore. You can also Ask Free Legal Question to lawyers.
Issues on which PIL cannot be filed:
The Supreme Court released a set of PIL guidelines that state that the following topics are not suitable for PILs:
tenant-landlord issues
Service matters
topics relating to pensions and gratuities
complaints against Central and State government agencies and local bodies that are not related to items 1 through 10 in the list of recommendations.
admission to institutions of higher education and medicine
petitions to have matters that are pending in the High Court or lower courts heard quickly.
Issues on which PIL can be filed:
violation of religious, constitutional, and human rights
compel the local government to perform a public duty
implementation of government policy
Case Laws:
One Bhagchand Sharma, who took the REET 2021 exam that had just ended, filed a PIL with the Rajasthan High Court requesting for the exam to be canceled in response to reports of a leak. The first FIR about the document leak was lodged in Gangapur City, Rajasthan. The appeal was rejected by Justice Manoj Vyas and Judge Govardhan Barhdar of the division bench, who noted that the petitioner should have taken the case before the Single Bench because he was also a candidate. But in this case, the division bench will not accept it. Bhagchand Sharma also urged any central investigative agency to conduct a fair investigation in his petition.
The Delhi High Court rejected the request to postpone the admissions test for medical and dentistry school. The court emphasized that it was already too late and that the petition was poorly written.
There is no definition of a public interest lawsuit under any law or regulation. Judges have interpreted this to mean considering the intention of the wider public. Public interest litigation refers to the power granted to the public by courts through judicial activism. The petitioner, however, must demonstrate to the court's satisfaction that the petition is being submitted in the public interest and not just as pointless litigation by a busybody. Any public-spirited individual may file a petition to launch a case, or the court may decide to start the case on its own initiative.
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