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A PIL can be filed against the
      “State”, Government or Municipal
   Authorities. It can’t be filed against a
private party. But a private party can be
 one of the Respondents along with the
              concerned State authority.
The very basic condition to be fulfilled to file a
petition is there must be a public wrong caused by a
     wrongful act or omission by the state or a public
 authority. PIL is concerned with the protection of the
     interests of a class or group of persons who are
either victims of governmental lawlessness, or social
 oppression, or have been denied their constitutional
        or legal rights and who are not in a position to
 approach the Court for redressal of their grievances
           due to lack of resources, ignorance or their
         disadvantaged social and economic position.
Any public spirited person can file a PIL.
The court before accepting the PIL ensures
  that the person who filed it is acting bona
    fide and not for personal gain or private
profit or political motivation or other oblique
consideration. The person filing a PIL must
                   have sufficient interest in it.
A PIL can be filed as a writ petition. However, letters
        addressed to the Court can be treated as PIL if it is
    backed by reliable facts and evidence. It is the Court’s
 discretion to accept or reject the PIL depending on facts
  and circumstances. There have been instances, where
     judges have treated a post card containing facts, as a
Public Interest Litigation. For example a letter alleging the
  illegal limestone quarrying which devastated the fragile
             environment in the Himalayan foothills around
                           Mussoorie, was treated as a PIL.
A PIL can be filed by any member of the public having
sufficient interest in the matter for judicial redress of public
       duty or for violation of some Constitutional provision.
     There are no statute that lays down rules in relation to
             locus standi for a PIL. A PIL at the behest of an
        organization or a group of individuals, who have no
   personal interest except to see that public injury doesn’t
take place or to prevent executive acts or omissions which
   are violative of the Constitution, would be maintainable.
The allegations presented in a PIL have to be
  backed by credible evidence. Making an NGO
     working on the issue, a party to the PIL as a
petitioner is a good idea. In the past, privilege of
PILs has been misused so now the Courts need
 a detailed narration of the facts and complaints
                                to take up the PIL.
A person must not file a PIL for frivolous
pecuniary gains. The Court can impose
           fines for filing frivolous PILs.

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13.3.2013

  • 1.
  • 2. A PIL can be filed against the “State”, Government or Municipal Authorities. It can’t be filed against a private party. But a private party can be one of the Respondents along with the concerned State authority.
  • 3. The very basic condition to be fulfilled to file a petition is there must be a public wrong caused by a wrongful act or omission by the state or a public authority. PIL is concerned with the protection of the interests of a class or group of persons who are either victims of governmental lawlessness, or social oppression, or have been denied their constitutional or legal rights and who are not in a position to approach the Court for redressal of their grievances due to lack of resources, ignorance or their disadvantaged social and economic position.
  • 4. Any public spirited person can file a PIL. The court before accepting the PIL ensures that the person who filed it is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. The person filing a PIL must have sufficient interest in it.
  • 5. A PIL can be filed as a writ petition. However, letters addressed to the Court can be treated as PIL if it is backed by reliable facts and evidence. It is the Court’s discretion to accept or reject the PIL depending on facts and circumstances. There have been instances, where judges have treated a post card containing facts, as a Public Interest Litigation. For example a letter alleging the illegal limestone quarrying which devastated the fragile environment in the Himalayan foothills around Mussoorie, was treated as a PIL.
  • 6. A PIL can be filed by any member of the public having sufficient interest in the matter for judicial redress of public duty or for violation of some Constitutional provision. There are no statute that lays down rules in relation to locus standi for a PIL. A PIL at the behest of an organization or a group of individuals, who have no personal interest except to see that public injury doesn’t take place or to prevent executive acts or omissions which are violative of the Constitution, would be maintainable.
  • 7. The allegations presented in a PIL have to be backed by credible evidence. Making an NGO working on the issue, a party to the PIL as a petitioner is a good idea. In the past, privilege of PILs has been misused so now the Courts need a detailed narration of the facts and complaints to take up the PIL.
  • 8. A person must not file a PIL for frivolous pecuniary gains. The Court can impose fines for filing frivolous PILs.