Introduction
A public interest litigation (PIL) is a legal proceeding brought by an individual or group of individuals, who have an interest in the subject matter of the proceedings. The court will consider whether the petition should be granted and what relief should be granted.
An advocate of the High Court or Supreme Court.
You can also file a public interest litigation (PIL) on behalf of your client. A PIL is a legal action that aims to enforce the rights and interests of the general public or some section thereof. Public interest litigations are filed in the courts by prominent citizens, often political activists or social workers who believe that a particular issue needs urgent attention and cannot be ignored by any other means.
The advocate is not always necessary because you may represent yourself in court proceedings; however, he/she will help you get organized before filing your case so that it comes out as smooth as possible for everyone involved.
A public spirited individual who has enough interest in the proceeding and a desire to have the law enforced.
A public spirited individual who has enough interest in the proceeding and a desire to have the law enforced.
The person must be willing to take on the responsibility of the case, including time and energy.
A social activist with sufficient bonafides.
If you’re going to file a public interest lawsuit, it’s important to have a history of working for the public good. You’ll also need to show that you are capable of pursuing your case and have a stake in it. This is often done through petitions or letters from various organizations that support your cause.
If you want to file an action on behalf of yourself or another person, then there are some additional steps required before filing with court:
One or more citizens acting on behalf of a large class of persons who are unable to approach the court themselves, such as persons living below poverty line, uneducated, physically challenged, etc.
One or more citizens acting on behalf of a large class of persons who are unable to approach the court themselves, such as persons living below poverty line, uneducated and physically challenged people. This is called ‘class action’. If a citizen has sufficient bonafides then it can be filed by him/her through PILs (Public Interest Litigation) which is Section 22(1)(a) of the Indian Constitution Act 1950.
Any member of parliament or state legislature.
Anyone who is a member of parliament or state legislature can file a public interest litigation. This includes members of parliament (MPs) and state legislators. MPs and MLAs represent the interests of their constituents, which means they have a duty to act in the public interest.
Membership in Parliament or Assembly does not automatically make you an eligible litigant for filing PILs as it may not be required for you to meet any qualifying criteria such as having voter status or being above 18 years old; however, if you do qualify then your case will be considered by an appropriate authority under Section 20(3)(b) FCRA 1987 read with Section 7(1)(a)(iv) RP Act 1957.
Such other persons as may be prescribed by rules in this regard.
The term “legal standing” refers to the capacity of a person or entity to file a public interest litigation. If a person has legal standing, he or she can file public interest litigation on behalf of other persons. Legal standing is also used in relation to other rights and interests as well.
The following are some examples of who can file PILs:
- Any individual has legal standing if he/she owns property that is affected by an action at issue in the case (such as land).
- An association of citizens may have legal standing if it represents individuals who want certain laws changed so that their interests are protected from harm due to new policies regarding environmental protection; for example, an association representing farmers who want increased controls over their farms’ use of pesticides would have such ability because its members live near those chemicals used on crops grown near them.[1]
Anyone with legal standing can file a PIL
Anyone with legal standing can file a PIL, which means that anyone who is harmed by the law in question may file a public interest litigation.
The court will review your petition and determine if it has merit. If not, you may be dismissed from the case or have your case dismissed outright.
Conclusion
In the final analysis, anyone with legal standing can file a PIL. The courts have made it clear that no one is barred from pursuing a public interest litigation. It is for the court to decide whether such a person has standing and whether their grievances are genuine or fake.