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Procedure For Filling A Public Interest Litigation

The Modus Operandi For Filling A PIL Can Be Divided In To Two Ways:

  1. Filing:
    A PIL is filed in the same manner as a writ petition is filed either in the Supre Court ( Article 32) or in the High Court ( Article 226) . If the PIL is to be filed in the High Court ,then two copies of petition have to be filed and uf the PIL is to be filed in the Supreme Court ,then the petition has to be filed in Five sets (4+1). Also, ,it is imperative to serve an advance copy of the petition on each respondent/ opposite party and oroif of having served the copy of the petition to the respondent s has to be fixed with the petition - that can be in the form of postal or courier receipts.
  2. Procedure:
    A court fees of Rs 50 per respondent ( for more than one, each respondent have to pay Rs 50 /- as court fee has to to be affixed to the petition. The proceedings in a PIL hearingbare carried out in the same way as in another case irrespective of its nature. However, during the PIL, proceedings, if the Presiding judge feels, a court Commissioner has to be appointed to investigate the matter in question like enquiry on allegations of pollution bring caused ,trees being cut among other things . Post reply by the respondent(s) or rejoinder by the petitioner, the Judge (s) may give his/her decision.
It is pertinent to mention here that before filling PIL ,it is summoned that the petitioner first brings the dispute before the relevant authorities and give them sufficient time to act, on it. However, when no action is taken or the petitioner is not satisfied with the response/ action, they may file a PIL before the concerned Court of Law ,High Court or the Supreme Court.

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