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Who can file a Public Interest Litigation (PIL), and what are its basic requirements?

Posted by jobseeker Krish Chandna | Approved
Answers (2)

Any individual, group, or organization can file a Public Interest Litigation (PIL) in India. The key is that the PIL must address a matter of public interest, benefiting the public at large or a specific section of society unable to represent itself. The petitioner must demonstrate bona fide intentions and that the issue involves a violation of legal rights.
Basic Requirements for Filing a PIL:
Public Interest: The issue must concern public interest and benefit the public at large.
Good Faith: The petitioner must act in good faith and not for personal or political gain.
Violation of Rights: The PIL must address a violation of legal or constitutional rights.
Public-Spirited Individual/Group: The petitioner can be a public-spirited individual, a social action group, or a private party.
Unable to Approach Court: The wronged person or group should be unable to approach the court themselves due to poverty, disability, or other circumstances.
Proper Documentation: The petitioner needs to provide necessary documents and information to support the PIL.
Filing in the Correct Court: The PIL must be filed in the appropriate court, either the High Court or Supreme Court, depending on the specific issue and its scope.
Addressing the Right Respondent: The PIL should be filed against the government, a public authority, or a body subject to government control, not against private individuals.
Affidavit: The petition must be accompanied by an affidavit stating the facts are true to the best of the petitioner's knowledge.

Answered by jobseeker Garima Rajput | Approved

Any Indian citizen or organization can file a PIL in the Supreme Court under Article 32 or in any High Court under Article 226 of the Constitution .The petitioner does not need to be directly affected by the issue; PIL is an exception to the traditional rule of locus standi, allowing even those not personally aggrieved to approach the court for matters affecting the public at large .Courts themselves can also initiate PILs suo motu (on their own motion) if they identify a matter of public interest requiring intervention.
Basic Requirements for Filing a PIL:
Public Interest: The subject matter must concern the public or a section of the community whose legal rights or interests are affected. PILs cannot be filed for personal or private interests.
Good Faith: The petition must be filed in good faith, genuinely seeking to redress a public wrong, and not for personal gain or publicity. Courts scrutinize PILs to prevent misuse by "busy bodies" or those with ulterior motives.
Jurisdiction: PILs can only be filed in the Supreme Court (Article 32) or High Courts (Article 226) for enforcement of fundamental or legal rights.
Sufficient Interest: The petitioner must demonstrate a "sufficient interest" in the matter, ensuring the case is not frivolous or vexatious.
Procedural Compliance: While courts allow procedural flexibility, the basic judicial processes and principles must still be followed.

Answered by jobseeker kashvi | Approved

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