How can a PIL be filed in the Supreme Court?

Answer By law4u team

A Public Interest Litigation (PIL) can be filed in the Supreme Court of India under Article 32 of the Constitution for enforcement of fundamental rights when the issue affects the general public or a disadvantaged section of society. Here’s a step-by-step guide: 1. Who Can File a PIL? - Any public-spirited person, NGO, lawyer, or citizen (including non-victims) can file it. - The petitioner must act in public interest, not for personal gain or publicity. 2. Grounds for Filing a PIL in Supreme Court - Violation of fundamental rights of a group/community - Issues affecting poor, underprivileged, or marginalized sections - Environmental degradation - Government inaction or misuse of power 3. Procedure to File a PIL in the Supreme Court a. Drafting the Petition - Write a petition under Article 32, clearly stating: - Facts of the case - Public interest involved - Fundamental rights violated - Reliefs sought b. Supporting Documents - Attach all necessary documents, reports, photographs, affidavits, etc. - An affidavit (sworn statement) verifying the facts must accompany the petition. c. Filing the Petition - Submit the PIL in the Supreme Court Registry. - If the petitioner is not a lawyer, it can still be filed by: - Engaging a Supreme Court advocate, or - Writing a letter to the Chief Justice of India (if the matter is urgent or the petitioner lacks legal help) d. Court Fee - No court fee is required for filing a PIL. - However, printing and documentation charges may apply. e. Listing and Hearing - The court examines the petition. If found valid, it is listed for hearing. - The court may admit the petition, issue notices to the government/authorities, and monitor the case. 4. Letter PIL - In special cases, a simple letter addressed to the Chief Justice highlighting a public grievance can be treated as a PIL if the issue is serious (e.g., bonded labor, custodial death, environmental harm).

Answer By Ayantika Mondal

Dear Client, Using Public Interest Litigation (PIL), individuals or groups in India can bring their cases directly to the Supreme Court for matters that influence the wider public. PIL is not defined in any statute but has evolved through judicial activism. It's a legal action initiated in a court of law for the protection of "public interest," where the rights or liabilities of the public or a particular class of the community are affected. Article 32 of the Constitution authorizes the Supreme Court to issue writs to defend fundamental rights. This Article permits individuals to knock directly on the doors of the Supreme Court to enforce their fundamental rights. Supreme Court Rules, 2013: Order IV explains what is required for filing PILs as well as other petitions in the Supreme Court. A PIL can be brought before the High Courts or the Supreme Court, the SC can be directly approached under Article 32 of the Constitution of the India if: Going against the fundamental rights of people. Issues that concern the whole nation or several states. When it is necessary to respond right away. Filing a petition in the Supreme Court is permitted only by an Advocate-on-Record (AoR). As a result, those seeking to file a PIL need to find an AOR to paper the case for them. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.