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What is a PIL? A PIL can be filed when the following conditions are fulfilled:
How to file a PIL? |
Shree. ( Advocate.) 01 July 2008
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What is a PIL? A PIL can be filed when the following conditions are fulfilled:
How to file a PIL? |
Prakash Yedhula (Lawyer) 01 July 2008
Very vital information indeed
UJAS DHARAMSHI (Corporate Lawyer) 01 July 2008
Its a very good information and can be used appropriately. The PIL has become so important and useful judiciary medium and such information can benefit lots of people
Guest (n/a) 02 July 2008
it it very important for our country which is going to develop.most of the matter relating to the society which may solved bynthis way.
prabodh kumar patel (advocate) 12 October 2008
Please let me know the difference between PIL & Writ, if any?
xyzpqrstnmnmmm (oooo) 15 October 2008
No doubt it gives an overall idea on Public Interest litigation.
AYYALASOMAYAJULA MURALI (POSTAL ASSISTANT ) 19 April 2009
kindly refer my post dated 14.4.2009 I may pl be provided maximum help for filng PIL at SCI
Guest (Guest) 27 May 2009
I am sharing the below information on the subject SUPREME COURT OF INDIA COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST LITIGATION. (Based on full Court decision dated 1.12.1988 and subsequent modifications). No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter. Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:- 1. 2. 3. 4. *
$ Petitions for premature release, parole etc. are not matters which deserve to be treated as petitions u/Article 32 as they can effectively be dealt with by the concerned High Court. To save time Registry may simultaneously call for remarks of the jail Superintendent and ask him to forward the same to High Court. The main petition may be forwarded to the concerned High Court for disposal in accordance with law.
(5) Petitions against police for refusing to register a case, harassment by police and death in police custody. (6) Petitions against atrocities on women, in particular harassment of bride, bride-burning, rape, murder, kidnapping etc. + --------------------------------------------------------------------------------------------------------- $ Added based on Order dated 19.8.1993 of the then Chief Justice of India. -2- (7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes. (8) Petitions pertaining to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forest and wild life and other matters of public importance. (9) Petitions from riot -victims. (10) Family Pension. All letter-petitions received in the PIL Cell will first be screened in the Cell and only such petitions as are covered by the above mentioned categories will be placed before a Judge to be nominated by Hon'ble the Chief Justice of India for directions after which the case will be listed before the Bench concerned. If a letter-petition is to be lodged, the orders to that effect should be passed by Registrar (Judicial) (or any Registrar nominated by the Hon'ble Chief Justice of India), instead of Additional Registrar, or any junior officer. To begin with only one Hon'ble Judge may be assigned this work and number increased to two or three later depending on the workload. *Submission Notes be put up before an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time. ** **It may be worthwhile to require an affidavit to be filed in support of the statements contained in the petition whenever it is not too onerous a requirement. ------------------------------------------------------------------------------------------------ + Added as per Order dated 29.8.2003 of the Hon'ble Chief Justice of India. * As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India. -3- **The matters which can be dealt with by the High Court or any other authority may be sent to them without any comment whatsoever instead of all such matters being heard judicially in this Court only. Cases falling under the following categories will not be entertained as Public Interest Litigation and these may be returned to the petitioners or filed in the PIL Cell, as the case may be: (1) Landlord-Tenant matters. (2) Service matter and those pertaining to Pension and Gratuity. (3) Complaints against Central/ State Government Departments and Local Bodies except those relating to item Nos. (1) to (10) above. (4) Admission to medical and other educational institution. (5) Petitions for early hearing of cases pending in High Courts and Subordinate Courts. In regard to the petitions concerning maintenance of wife, children and parents, the petitioners may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent jurisdiction and for that purpose to approach the nearest Legal Aid Committee for legal aid and advice. ___________________________________________________ ** Modified keeping in view the directions dated 29.8.2003 of the Hon'ble Chief Justice of India.
Even in regard to petitions containing allegations against Jail Authorities there is no reason why it cannot be dealt with by the High Court. But petitions complaining of torture, custody death and the like may be entertained by this Court directly if the allegations are of a serious nature.
B.B.R.Goud. ( Faculty) 06 June 2009
Raman ( ) 11 July 2009
Dear Shree,
It's a very useful information. In fact, I was searching for this ever since I saw BCI's decision on age limit for LL.B. I thought of finding the PIL# so that my name can be added to the list. After reading the topic & with another LCI member's help, I realized it's 'Public Interest Litigation'.
A little correction I would want to make in this thread. Instead of 'Who may file a PIL?', shouldn't it be 'Concept of PIL' ?
Concept of PIL
According to the jurisprudence of Article 32 of the Constitution of India, “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed”. Ordinarily, only the aggrieved party has the right to seek redress under Article 32. In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, articulated the concept of PIL as follows, “Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.” The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.
sreenu maddasani (ll.b) 31 March 2010
pil is a emerging trend of our judiciary
aditya vadali (LAWYER) 28 April 2010
HAI FRIEND
THIS IS ADITYA, AS OF TO MY KNOWLEDGE, P.I.L. IS A WEAPON USED TO GET PROTECTED FROM THE SOCIAL INJURY CAUSED BY HAZARDEOUS ENVIRONMENT, GOVERNMENT NEGLIGENCE OR IN PROTECTION OF ONE'S FUNDAMENTAL RIGHTS (WHERE THERE IS AN INFRINGEMENT TO FUNDAMENTAL RIGHTS) BY TAKING IT TO THE NOTICE OF CONCERNED HIGH COURTS / S.C. WHEREAS, THE WRIT, IS THE REMEDY ORDERED BY THE COURT OF LAW, IN PROTECTION TO THE RELIF PRAYED. LET'S WAIT FOR OUR SENIOR ADVOCATES ANSWER, AS THEY GUIDE US WELL.
Arup (UNEMPLOYED) 28 April 2010
Thanks mr shree.
pil can be brought by those who have no lucas standi ( means who has personal interest on the matter ) but as a public spirited person, who wants to raise the matter for a judicial decission.
Arup (UNEMPLOYED) 28 April 2010
and the person should be indian citizen.
layeeq Khan (Law Student) 13 December 2010
Good work you guys..thank you all.
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