Can a public interest litigation be filed without a lawyer? Know all the rules

 Today’s article focuses on Can a public interest litigation be filed without a lawyer? Know all the rules. 

 Are you unhappy or upset with the various happenings around you or it seems that the policies of the government are violating the basic practices or human rights, which are not providing their basic human rights, which leads to social Injustice is happening and corruption is being encouraged.


 If you think so, then it is very important for you to know about Public Interest Litigation. In general, for such conscious people who want to correct the society through law or want to bring change in the society. Public interest litigation is a powerful tool for them.

What is Public Interest Litigation?

Public interest litigation is the provision of litigation in Indian law to protect the public interest. Unlike other ordinary court petitions, it is not necessary that the aggrieved party should approach the court himself.

 It can be filed in favour of the victims by any civil or court itself. Public interest litigation has been successful in many cases so far, such as prison detention, armed forces, child labour, bonded labour, urban development, environment and resources, consumer protection, education, politics, elections, accountability, human rights etc. solution has been found. The relationship between the judicial process and the public interest litigation is very similar to each other. Public interest litigation has been welcomed by the media class.


It is very important that PIL is not defined in the Indian Constitution or any other law, it has arisen from the constitutional interpretation of the Supreme Court. The credit for its origin goes to the Supreme Court itself. The point to note is that it does not even have an international equivalent and is seen as an Indian concept. The idea of ​​such petitions first came to America, there. But it is called a social action petition. It is the invention of the judiciary and it is a judge-made law. It is said that the father of public interest litigation in India, Justice Shri P.N. Bhagwati is because she had made many rules for the acceptance of public interest litigations, she said that if you send a postcard in writing, that too will be considered a petition.

 

Some Rules of Public Interest Litigation

1. Any person, organization motivated by public interest can bring them.

2. The postcard sent to the court can also be accepted as a petition.

3. The court shall have the right to waive the ordinary court fee for this petition.


4. It can be brought against state as well as private institutions.

 

Benefits of Public Interest Litigation

In this way, petitions raise awareness among the public about their own rights and the role of the judiciary. It broadens the scope of Fundamental Rights. This gives the person new rights. As we have seen in the last few years, such petitions obstruct the executive and the legislature to perform their constitutional duties. Also, PIL is a big step in ensuring corruption free administration.

 

Who and how are PILs filed?

Remember that any Indian citizen can file a PIL but there is a condition that it should be filed in public interest rather than private interest. Means if any issue is of utmost public importance then any court can take suo motu cognizance of such matter or any person can take up such matter in court.

 

In which court are public interest litigation filed?

Remember that PILs are filed only in the Supreme Court under Article 32 of the Constitution of India and in the High Court under Article 226.



Procedure for filing PIL

Before filing a public interest litigation, the petitioner should take complete information about the related matters, if the public interest litigation is related to many persons or the whole society, community is related, then the petitioner should consult all those persons and take consent from them. Whenever it is decided by a person to file a PIL, then he should collect all the information and documents related to that case to strengthen his case. The most important thing to note is that the person filing the PIL can himself argue in the court, it is not necessary that you should be a lawyer. But it is considered okay to hire a lawyer because the lawyer has the knowledge of legal pressure and can give you the right advice.

 

Petition filed in high court

If you file a public interest litigation in the High Court, then we should know that we have to make two copies of that petition and you keep that copy in the court as well as you have to send a copy of the petition to a respondent in advance. Respondent is the one against whom you are filing the petition and you also have to add proof of this in the petition that you have sent a copy to the defendant.

Do judges accept all public litigations?

It is up to the judge what he thinks because the Chief Justice accepts the petitions, similarly it all depends on how the Chief Justice of the High Court or Supreme Court treats the matter in the High Court or the Supreme Court. The average rate of acceptance of any PIL currently ranges from 30% - 60%.


Generally those public interest litigations are accepted in which the judges agree with the facts mentioned and they also feel that the matter is of great importance and it should be heard in the interest of the public. Or its decision will affect the public or the people of the society.

 

Time for hearing of public litigation

It depends from case to case, if any matter is such which is related to the life of many persons like life and personal liberty, fundamental rights, then in such a case the court hears in a very short time, but in general, it can be seen. It has been that the public interest litigation is also increasing. Their numbers have also flooded, so it takes many years for the hearing and disposal of cases. can. The court gives the final decision after listening to both the parties.


We are seeing in the present time that public interest litigations are being misused, on which the courts impose fines. Many persons file a petition for self or political gain, which is causing loss of time of the court, if you want to file a public interest litigation in any case, then the first thing is to give information about the case, the second thing is that That matter should be concerned with the general public and with the public interest and should be in the interest of the public and there should not be any personal benefit in it. So friends, today you learnt that Can a public interest litigation be filed without a lawyer?