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Empowering the Public: Understanding the Significance of Public Interest Litigation in Law

A person bringing the action has sufficient interest to maintain an action of public injury.The injury must have arisen because of breach of public duty or on violation of the constitution or of the Law,it must seek enforcement of such duty, observations of the constitutional Law or legal provisions.

Specific requirements for filling PIL

  • Collection of Information - All relevant information pertaining to the issue.
  • Collection of documents - All documents regarding the case including photographs, if any, must be collected.
  • Court in which it is to be filed.
  • Form of the PIL

A PIL can be in the form of a petition or even a letter or post card.In the event that the PIL is to be filed before the Honble Supreme Court, the letter or or Post Card must be addressed to the Chief Justice of India or Chief Justice of High Court.

Public litigation guidelines

  1. Follow the website of that particular Court
  2. Petitioner's name / address, email address, phone no, occupation, annual income, and PAN no
  3. Proof of identity of the petitioner must be annexed.
  4. Facts of the case.
  5. Nature of the injury.
  6. Any personal interest that he or she may have.
  7. Details of any litigation involving the petitioner which could have a legal Nexus with the issue involved in the PIL.
  8. The class of the persons for whose benefit the PIL is being filed and how they are incapable of accessing the Courts themselves.
  9. In the event any representations have been made to any authorities regarding issues, the details of the same.
  10. Any person / body/ the institution that may be affected by the PIL must be joined as a party.
  11. The petitioner must also state that he or she is able to pay costs, if any, that may be imposed by the court.

Dominus litis

The paramount consideration for transfer of a case u/s 25 of CPC must be requirements of justice. The right of the dominus litis to choose the Forum and consideration of the plaintiff s convenience can't eclipses the requirements of justice.

Dr Subramanian Swamy s vs Ramkrishna Hegde.

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