Dear Client
A PIL can be filed in the apex court under article 32 of the constitution or before the High Court under Article 226 of the constitution.
Petitions can be filed by letters and even electronically as well online or by simply writing an E-mail addressed to the Chief Justice of India. Petitions that are not of public interest can also be treated as writ petitions subject to the discretion of the Judge of the Supreme Court/High Court concerned.
Procedure for filing a Public Interest Litigation
The modus operandi for filing a PIL can be divided into two ways:
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Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supreme Court (Article 32) or in the High Court (Article 226). If the PIL is to be filed in the High Court, then two copies of the petition have to be filed and if the PIL is to be filed in the Supreme Court, then the petition has to be filed in five sets (4+1). Also, it is imperative to serve an advance copy of the petition on each respondent/opposite party and the proof of having served the copy of the petition to the respondent(s) has to be affixed with the petition – that can be in the form of postal or courier receipts.
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Procedure: A court fee amounting to Rs. 50 per respondent (for more than one, each respondent will have to pay Rs. 50 as court fee) has to be affixed to the petition. The proceedings in a PIL hearing are carried out in the same way as in another case irrespective of its nature. However, during the PIL proceedings, if the presiding judge feels a court commissioner has to be appointed to investigate the matter in question like inquiry on allegations of pollution being caused, trees being cut among other things. Post reply by the respondent(s) or rejoinder by the petitioner, the judge(s) may give his/her decision.
It is pertinent to note that before filing a PIL, it is admonished that the petitioner first brings the dispute before the relevant authorities and give them sufficient time to act on it. However, when no action is taken or the petitioner is not satisfied with the response/action, they may file a PIL before the concerned court of law, High Court or the Supreme Court.