A public interest litigation (PIL) is a petition filed in a High Court under Article 226, or in the Supreme Court under Article 32, to enforce the rights of people who cannot easily approach the court themselves. Courts expect the petitioner to act in good faith and not for private or publicity reasons.
- Category
- Public Interest Litigation
- Court or forum
- High Court, Supreme Court
- Type of content
- General information, not legal advice
- Last updated
Purpose and background
Public interest litigation (PIL) allows a person or group to approach a High Court under Article 226, or the Supreme Court under Article 32, to enforce legal or constitutional rights of people who cannot easily approach the court themselves. It is a development of judicial practice and is not governed by a single statute.
Jurisdiction: where is it filed?
A PIL is filed in the High Court within whose territory the issue arises. Many High Courts have their own PIL rules on the form of the petition and on disclosure of the petitioner's details and any earlier litigation.
Procedural stages
- Verify the facts and collect reliable material such as official records, reports and replies received under the Right to Information Act, 2005.
- Where appropriate, send a representation to the authority concerned and keep the reply.
- Draft the petition: the petitioner's details and interest, the public injury, the facts, the grounds and the relief sought, with an affidavit.
- File the petition as the court's PIL rules require. The court may first examine whether it is maintainable and may then issue notice.
- The respondents reply, the court hears the matter and may give directions.
- The court may monitor compliance with its directions.
Documents commonly required
- Petition with the petitioner's details and interest in the matter
- Affidavit
- Official records, reports or other supporting material
- Copies of representations made and replies received
- Details of any earlier litigation on the same issue
- Authority or vakalatnama
Limitation and timing
Courts have imposed costs on petitions filed for private, political or publicity reasons. A PIL should be filed only where there is a genuine public interest.
Common questions
Who can file a public interest litigation?
Any person or group acting in good faith for the benefit of the public or of a class of persons who cannot approach the court themselves. Many High Courts require the petitioner to disclose their details and any earlier litigation.
Can a PIL be filed for a personal grievance?
No. A petition filed for a private grievance, or for political or publicity purposes, is not a public interest litigation, and courts have imposed costs on such petitions.
Where is a PIL filed?
In the High Court within whose territory the issue arises, or in the Supreme Court under Article 32 where a fundamental right is affected. Check the PIL rules of the High Court concerned.
Official references
- India Code, for the text of Central Acts
- Supreme Court of India
- Official website and rules of the High Court concerned
- How to find the right High Court