I want to file a PIL in supreme court regarding a constitutional matter. Can someone please guide me as to how do i go about it. Also need an advocate in Thane, Maharashtra who can help me file this
Prithvi Raj Sikka (Senior Partner) 21 April 2014
We are practising in Supreme court. U may contact.
Prithvi Raj Sikka
balu anil kumar p (advocate) 22 April 2014
need to file PIL before supreme court or high court ,
if u know the procedure, better consult a lawyer, But u can file directly
now a days courts imposes very cost s PIL matters if u r not properly convinced the court , its an art of
advocacy, better appoint an advocate who well versed in PIL matters
malipeddi jaggarao (retired banker) 23 April 2014
You will have to fulfil certain conditions to file PIL.
The following may be some help to you for deciding whether your matter is eligible for PIL or not..
A Public Interest Litigation is different from ordinary litigation. It is not filed by a private person against another for enforcement of a personal right. The PIL is a device to protect the fundamental rights of the citizens who are in disadvantaged position, ignorant and poor and can not afford to meet the expenses of litigation. It is for the enforcement of basic human rights of weaker sections and whose fundamental & constitutional rights have been infringed by the wrongful act or omission of the State or Public Authority. The most important factor for filing PIL is presence of “Public Interest”. It must not be frivolous litigation by persons having vested interests. A PIL can be filed by any citizen if he is a member of the public acting bona fide and having sufficient interest in instituting an action for redress of public wrong or public injury; he is not a mere busy body who interferes in other people’s affairs, especially for selfish reasons, his action is not motivated by personal gain or any other oblique (indirect) consideration.
The birth of PIL in India took place by modifying the traditional requirements of locus standi, liberalizing the procedure to file writ petitions, creating or expanding Fundamental Rights, overcoming evidentiary problems, and evolving innovative remedies. Among all, modification of the traditional requirement of standing was sine qua non for the evolution of PIL. The need was more pressing in a country like India where a great majority of people were either ignorant of their rights or were too poor to approach the court. Realizing this need, the Court held that any member of public acting bona fide and having sufficient interest has a right to approach the court for redress of a legal wrong or legal injury.
A PIL may be filed like a write petition. The Supreme Court/High Court can treat even letters addressed to the court as PIL. It can be filed for the public cause/public welfare by filing a petition:
1. under Art.32 of the Constitution in SC;
2. under Art.226 of the Constitution in HC and
3. under Sec.133, Cr. P.C. in the Court of Magistrate.
Hope the above will be some help to you.