Riddhi Kachhela
Asked October 01, 2016

Procedure to file PIL

  • 1 Answer
  • 1210 Views

Hi I want to know a detailed step by step procedure to file a Public Interest Litigation in the High Court or the Supreme court. Like where to go in the High court, which docs to submit, what is the fees if I don't hire a lawyer, etc. Need to know it urgently. Thanks.

Answer 1

The procedure for filing a PIL is the same as that of a writ petition. This basically means that to file a writ petition in a High Court, a person has to approach the High Court under Article 226 of the Constitution of India, and to file a writ petition in the Supreme Court, the person has to approach the Supreme Court under Article 32 of the Constitution of India. If you do not want an advocate to represent your interest, then, you can file the PIL yourself, as a Petitioner-in- Person. This basically means that you would be representing your own interest. In High Court If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition. In Supreme Court If a Public Interest Litigation is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served, the copy only when notice is issued. Court Fees A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50)has to be affixed on the petition. Procedure  Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the same manner, as other cases.  However, in between the proceedings if the judge feels he may appoint a commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.  After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.
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