Can anyone file a PIL?

Asked by: Caroline Bogisich  |  Last update: February 19, 2022
Score: 4.1/5 (74 votes)

A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury. ... Steps to be taken for filing a Writ Petition / PIL: Approach a public interest lawyer or organization to file the case.

Do you need a lawyer to file PIL?

The person filing the PIL can either debate himself or appoint a lawyer. Generally, in any case, it is advisable to consult a lawyer before filing a PIL. If a PIL is filed in the High Court, then two copies of the petition have to be submitted in the court.

Who can file PIL case laws?

It is clear that, any person, can file a PUBLIC INTEREST LITIGATION on behalf of group of affected people. However it will depend on every facts of case, whether it should be allowed or not.

Who can file PIL in environmental matters?

Any Indian citizen or organization can move to court on public interest by filing a petition of PIL in High Courts (Article 226) or Supreme Court (Article 32). At present, only judges have the power to dismiss a petition.

Who can file PIL Upsc?

Procedure to File PIL in India

Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition: In the SC under Article 32. In the High Courts under Article 226.

Procedure to file a Public Interest Litigation (PIL)

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How is PIL misused?

In public interest litigations , misuse comes in various forms. Publicity, private interest, political rivalry, or other oblique motives can be a motive for its misuse. ... While tracing its growing abuse, Law commission of India recommended a 'Code of conduct' for the regulation of PIL cases in India.

Under which Article PIL is filed?

A Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution under their respective Writ Jurisdictions.

What is the difference between writ and PIL?

Basic difference between Writ and PIL

1. Writ can be filed by individual for personal benefit while PIL can be filed by any public spirited person for benefit of public at large.

How can I file PIL online?

Steps to be taken for filing a Writ Petition / PIL:
  1. Approach a public interest lawyer or organization to file the case.
  2. Collect necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.

What is Subhash Kumar vs State of Bihar?

The petitioner filed a public interest litigation claim against two iron and steel companies, because they allegedly created health risks to the public by dumping waste from their factories into the nearby Bokaro river.

Can a state file a PIL?

Who can file a PIL? Any individual or organisation can file a PIL either in his/her/their own standing i.e. to protect or enforce a right owed to him/her/them by the government or on behalf of a section of society who is disadvantaged or oppressed and is not able to enforce their own rights.

Can aggrieved person file PIL?

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. It is not necessary to file Public Interest Litigation by the aggrieved person who is a victim of violation of his or her right personally.

Can a government servant file a PIL?

The fact on the other hand is that to the best of my knowledge no service rule seems to stop a government servant, including the All India Services officers, from filing PILs. ... The All India Service officers are governed by the All India Services (Conduct) Rules, 1968, which has total 23 Rules in it.

How do you write a PIL sample?

Drafting a PIL in environmental issues (Format)
  1. Cover Page: It includes only the main information like the name of the court, names of the petitioners, jurisdiction and PRN (Petition reference number).
  2. Memo of Parties: It includes only the name and registered address of petitioner/s and respondents/s.

Can we file PIL in district court?

Important public issues are taken up by vigilant judges in a PIL. But at present, owing to the prohibitive procedure a citizen or a social organisation cannot proceed under the PIL in lower or district courts. ... The rule that a PIL can only be heard in high courts or the apex court, thus, needs to be changed.

At what age does a High Court judge retired?

The retirement age for high court judges is 62, while it is 65 for Supreme Court judges.

Who can file writ petition?

A writ petition can be filed by any person whose Fundamental Rights have been infringed by the State. Under a Public Interest Litigation, any public-spirited person may file a writ petition in the interest of the general public even if his own Fundamental Right has not been infringed.

What is PIL in court?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.

Can I file a case directly in Supreme Court?

Under Article 32 of the Constitution of India any person can file a Writ Petition in the Supreme Court of India seeking to protect his/her fundamental rights, guaranteed by the Constitution of India. Any person can directly approach the Supreme Court of India only in the above mentioned situation.

Who can file a PIL Mcq?

This power is granted under Article 32 and Article 226 of the Indian Constitution. PIL can be filed against whom? A PIL can be filed against the State Government, Central Government, Municipal Corporations, public offices, Government of Delhi, Pollution Control Board and not any private individual or a private party.

How many types of PIL are there?

There are two types of Public Interest Litigation (PIL): Representative Social Action and. Citizen Social Action.

Who can consult the Supreme Court for legal advice on public issues?

Under Article 143 of the Constitution of India, 1950 the President of India may obtain the opinion of the Supreme Court of India on any question or fact of law which may be of public importance and may need any advice from the Supreme Court. This process is also known as a Presidential Reference.

Can a PIL be filed against a private company?

PIL can be filed against a State/ Central Govt., Municipal Authorities and not any private party. However, “Private party” can be included in the PIL as “Respondent”, after making concerned state authority, a party. ... However, a PIL cannot be filed against the Private party alone.

Which jurisdiction is employed for handling cases of PIL?

It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court.

What are the common elements in PIL cases?

There are mainly five types of Writs - (i) Writ of Habeaus Corpus, (ii) Writ of Mandamus, (iii) Writ of Quo-Warranto, (iv) Writ of Prohibition, and (v) Writ of Certiorari.