How to File a Public Interest Litigation (PIL) in the Indian Supreme Court

Public Interest Litigation (PIL) is a powerful tool to bring justice and awareness to matters that affect the larger public interest. However, there are specific rules and procedures to follow when filing a PIL in the Indian Supreme Court. This article aims to guide you through the process, including important considerations and necessary steps.

Understanding PIL Basics

Public Interest Litigation (PIL) is a legal proceeding where any individual, even a person without standing, can sue on behalf of the public, provided a matter of public interest is involved. Notably, a PIL cannot be filed against any private individual but can be filed against the Government, State, or local authorities. In cases involving a specific individual, you must file a case in a Local Court within your district.

Consulting a Lawyer

Filing a PIL is a straightforward process, but it requires the assistance of a qualified lawyer. Meeting a lawyer and discussing your grounds is the first step. In India, lawyers who specialize in PILs often appear in the media. You can approach any of them if you can afford their services. If you need assistance, feel free to contact me.

Experienced Lawyers

Some lawyers who often handle PILs are well-known and can be recommended. These lawyers typically charge around 40-50K for a hearing. They not only handle the filing process but also protect their reputations. If you need more recommendations, I can suggest some lawyers who charge slightly less.

Research and Consultation

Before filing a PIL, in-depth research is crucial. If the PIL involves several individuals, it is essential to consult all affected interest groups. Once you have made the decision, gather all relevant information and documents that support your case. You can either argue in person or appoint an advocate to represent you in the court proceedings. In any case, it is advisable to consult an advocate before filing the PIL.

Preparing the PIL

To file a PIL in the Supreme Court, you must prepare at least five copies of the petition. Additionally, a copy of the petition must be served to each respondent in advance. The proof of service must be affixed to the petition. The respondent is only served with the copy when the notice is issued from the court.

Strategic Approaches to Filing a PIL

While it is tempting to approach the Supreme Court directly, it is advisable to start by filing the PIL in the High Court. Here's why:

Why Start with the High Court?
Approaching the Supreme Court directly can be seen as bypassing the proper judicial hierarchy. The first question the bench will ask is, "Why did you come directly to us when you have not approached the High Court first?" By starting with the High Court, you demonstrate your respect for the judicial system and the integrity of the law.

Conclusion

Filing a Public Interest Litigation in India is a process that requires careful planning, thorough research, and the aid of a competent lawyer. By following the guidelines outlined in this article, you can navigate the complex legal landscape and bring about positive changes for the public interest.