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Procedure of filing a PIL

 Procedure of filing a PIL


Who can file it?


Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.


What are the issues that cannot be filed under PIL?


The Supreme Court has issued a set of PIL guidelines according to which the following matters will not be allowed as PILs:


  • Landlord-tenant matters

  • Service matters

  • Matters pertaining to pension and gratuity

  • Complaints against Central and State government departments and Local Bodies except those relating 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


How does one decide on filing a PIL?


An advocate who has been filing PILs in Chennai High Court says it would be good to give a reasonable opportunity for the other party to respond to the issue that the individual or the group has raised, before filing the PIL.


For example, if you have taken up a matter that demands government action or policy change, then first raise that issue with the authorities, bring it to their knowledge and ask them how are they going to solve it. Send them a representation in the first place.


Give them some time – a month or two to reply. If they fail to respond or if you are unhappy with their response, then it’s the time to file a petition.


Where can PILs be filed?


PILs can be filed either in the High Court or in the Supreme Court.


What is the procedure for filing a PIL?


One has to do thorough research before filing a PIL. In case of filing a PIL concerning several individuals, it is important and the best course for the petitioner to consult all affected interest groups.


Once you decide to file a PIL, collect all relevant information and documents to back your case. You can argue in person or appoint an advocate to fight the case. In any case, it is advisable to consult an advocate before filing a PIL. If you intend to argue in person, be better prepared to explain the issue and convince the court in the little time that you are given.


Once you are ready with the PIL copy and intend to file it in the High Court, submit two copies of the petition to the court. Also, a copy of the petition has to be served to each respondent in advance. And this proof of serving the copy to the respondents has to be affixed in the petition.


If you are filing PIL in the Supreme Court, then five copies of the petition are to be filed before the court. Respondent is served with the copy only when the notice is issued from the court.


What is the cost incurred to file a PIL?


A PIL itself is cheap compared to other court cases. One has to pay a court fee of Rs 50 for each respondent and affix it with the petition. However, the expense for fighting the case depends on the advocate the petitioner chooses to argue the case.


Procedure of filing a PIL

By - Shambhavi 
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