Any legal action taken for the betterment of the general population or any action done to protect the public interest is referred to as public interest litigation (PIL). It indicates that socially excluded parties can get justice.
Public Interest Litigation (PIL) is a potent instrument for socially responsible persons who want to change the system through the legal system. These days, public interest litigation matters that are won or lost in India's High Court or Supreme Court frequently make the news. A PIL case undoubtedly affects the lives of those who are somehow linked to the issue, whether it is successful or unsuccessful.
Goals of Public Interest Litigation
PIL has developed into a potent weapon for carrying out the legislative and executive branches' legal obligations.
Making sure that everyone receives justice and supporting the welfare of the nation's common citizens are the primary goals of public interest litigation.
It is typically employed to protect group interests, in which the fundamental rights have been established, rather than individual interests.
PIL may be brought by India's High Courts and Supreme Court. The dominance of "judicial review" is the root of the notion of public interest litigation.
The notion of "locus standi" has been undermined by the concept of PIL. According to the doctrine of locus standi, only the 'person/party' whose rights are allegedly violated may submit petitions with the appropriate court.
PIL is frequently used to evaluate a public body's or individual's failure to act, or to dispute the legality of a decision or action, all within the confines of judicial review.
In India's political system and legal community, PIL has been crucial. They are accountable for some important rulings in India. They have allowed access to Sabarimala, prohibited quick triple talaq, legalized consenting homosexual relationships, legalized passive euthanasia, and many other things.
PIL: Who can file?
Any Indian citizen may bring a PIL in a court of law. The only need is that it be recorded for public purposes rather than to serve any private interests. If a matter is extremely important to the general public, the court will frequently also take suo motu cognizance. The court in those situations appoints an attorney to handle such important situations.
PIL: What are the Conditions to file?
The violation of moral or fundamental rights
The violation of the moral and human rights of the underprivileged and excluded members of society
Compelling local government to deport a public service
The carrying out of state/central government policy
PIL: What are the Documents Needed to file?
You must first ask a public interest attorney or organization to file your petition on your behalf.
The following necessary documents must be gathered-
Identification evidence
Any applicable resettlement strategy
Title deeds
Being aware
Residence confirmation
The images from the eviction
All parties that approach the court to initiate Public Interest Litigation should provide a complete list of their names and addresses.
The addresses and names of all government officials whose eligibility for relief are questioned.
A complete list of incidents leading to infringement of the concerned people's fundamental rights.
Collecting all relevant dates related to the eviction, including when and whether a notice of eviction was given, the length of stay at the location, and any other pertinent information.
You should also speak about the relief that the court has been asked to grant.
Process to File PIL in Supreme Court
Depending on the circumstances, the PIL may be filed in either the High Court or the Supreme Court of India. According to various clauses of the Constitution of India, both courts are competent to decide public interest litigation.
A total of five sets of the petition are required to be filed opposite the party served if the PIL is brought before the Supreme Court, with the copy being submitted only if the notice is actually delivered. The court has the authority to act and consider a letter to be a writ petition. The court must argue that the request for writ satisfies the requirements listed below.
The following are those-
A public-spirited person, a social action group, or the offended party addresses the letter.
Any person who cannot seek remedy in court due to a handicap or poverty should endeavour to get their constitutional or legal rights enforced.
If the court is pleased, it may even act in such circumstances based on press reporting.
You will need a lawyer to help you in filing PIL in Supreme Court. If you need lawyers to help you file PIL in Supreme Court, then Lawyers In Delhi can be hired, and if you need lawyers to help you file PIL in Supreme Court, then Lawyer In Faridabad can be hired. Similarly, Lawyers In Noida can be employed if you need lawyers to help you file PIL in Supreme Court.
At Lead India, you can consult and talk to lawyers there. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.
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