5 Things To Keep In Mind While Filing A PIL | Lexcarts

1
5 Things to keep in mind while filing a PIL
(Public Interest Litigation)
2
Introduction

• PIL is a form of judicial activism which aims to
  address the issues of the social welfare through
  Courts of Law. The concept of PIL is based on and
  in sync with the principles of Article 39A of the
  Constitution of India which is to protect and
  deliver prompt social justice with the help of
  law. In the last two decades, PIL has emerged as
  one of the most powerful tools for promoting
  social justice and for protecting the rights of
  the poor. These are the following things you need
  to keep in mind while filing a PIL-

3
Who can file PIL?

• PIL can be filed or brought to court by
  anyone who is socially conscious or any social
  NGO or by any eminent personality or even the
  court itself can i.e. suo moto take action on any
  public issue. The locus standi to file a PIL is
  relieved and it is not necessary that the
  litigation is brought to court only by the
  person/party aggrieved.

4
Where to file PIL?

• PIL can be filed or initiated at the High
  Courts (HC) under Article 226 of Constitution or
  Supreme Court (SC) of India under Article 32 of
  Constitution. PIL con be brought over public
  issue such as breach of public duty or when there
  is violation of any fundamental or constitutional
  right.

5
When can PIL be brought to court?

• Supreme Court has also provided some guidelines
  under which PIL can be brought to court mentioned
  as under
• When there is violation of basic Fundamental or
  Human Rights.
• When it is related to any govt. policy or when
  conduct of govt. or administration is involved.
• When one needs to compel govt. authority e.g.
  municipal corporations to perform their duty.

6

• When there is any injury to any larger section of
  population.
• When there is need to enforce any public duty and
  observance of the constitutional law or legal
  provisions.

7
What is the difference between a Writ Petition
and PIL?

• A writ petition is normally filed by an
  individual or institution for their individual
  grievance while PIL is been filed for public
  benefit at large.

8
What matters cant be brought under PIL?

• The Supreme Court has issued guidelines regarding
  which matter cant be entertained, the list is as
  follows-
• Landlord-tenant matters
• Service matters
• Matters related to pension and gratuity
• Complaints against Central and State government
  departments and Local Bodies except those related
  to items 1 to 10 mentioned in the list of
  guidelines.
• Admission to medical and other educational
  institutions
• Petitions for early hearing of cases pending in
  High Court or subordinate courts etc.

9
Thank You