Knowledge Base – A LawSikho Initiative

Understand what Public Interest Litigation petitions are, when they can be filed, and how to draft and file them in the Supreme Court of India. If you are an aspiring Supreme Court practitioner or an aspirant for the Supreme Court’s Advocate on Record Examination, this article will be useful. 

Introduction

Imagine a situation where lawyers are banned from going on strikes altogether, and are heavily penalized if they do. A circular comes out mandating all Bar Councils to take action even in case of peaceful protests. 

Sounds horrible and violative, doesn’t it?

Can you, as a lawyer, file a petition challenging the same? The answer to that question is yes. 

There are two ways to go about it: 

• Either you file a Writ Petition challenging the circular as an individual or;
• You file a Public Interest Litigation on behalf of all lawyers who are going to be affected by it. 

In this article, we will focus on PILs that are filed before the Supreme Court of India and learn how to ideate, draft, file, etc. But before that, let’s learn some basic concepts. 

In today’s world, Public Interest Litigation (PIL) has become the go-to tool for activists, socially aware and concerned citizens to knock on the door of the courts to correct any present or future harm that can befall the public at large. 

For a lawyer, it’s a two-pronged tool. You can be a pioneer in the domain of PILs by taking social justice cases and making a name for yourself, or you could file these petitions yourself when you see any injustice happening. If you are planning on starting a Supreme Court practice, learning how to draft and file a PIL is non-negotiable (I will get into the why in a bit). 

First things first. 

What is a Public Interest Litigation?   

Public Interest Litigation works as a representative petition. 

To understand this, we need to understand the concept of locus standi— which translates to standing to sue. What this means is the standing/right to move a court for any relief. Usually, a person whose rights are violated can approach the courts. 

However, in the case of PILs the said rule is diluted, and anyone concerned about the rights of others can move a petition on their behalf. This diluted rule is called “citizen standing”. 

When can you file a PIL?

The Supreme Court has laid down a list of cases in which, generally PILs can be entertained. They are as follows:

1. Bonded labour matters.

Cases involving forced labour and exploitation that affect the public.

2. Neglected children.

Issues related to the well-being of neglected children.

3. Non-payment of minimum wages and exploitation of workers 

Complaints about the failure to pay minimum wages, exploitation of casual workers, and violations of labour laws have an impact on society. 

4. Petitions from prisons 

Complaints about harassment, premature release requests, release on personal bond, and the right to a speedy trial. 

5. Complaints against police 

Allegations of police refusing to register cases, harassment, or deaths in police custody. 

6. Atrocities on women 

Petitions related to crimes against women such as bride harassment, bride-burning, rape, murder and kidnapping. 

7. Harassment of marginalized communities 

Complaints from individuals or communities belonging to Scheduled Castes, Scheduled Tribes, or economically disadvantaged groups. 

8. Environmental issues

Matters concerning environmental pollution, ecological imbalance, drug abuse, food adulteration and the preservation of cultural heritage, wildlife, and forests. 

9. Riot victims 

Petitions from individuals or communities who have suffered due to riots. 

10. Family pensions

Issues regarding the payment of entitlement to family pensions. 

As an advocate, you also need to know that certain issues cannot be addressed by way of a PIL, and it is important to understand them before approaching the court.

What issues do not qualify for PIL?

1. Landlord-tenant matters

If there are disputes between the landlords and the tenants related to maintenance, rent, or eviction, these matters are considered private matters that have to be fought in regular courts.

2. Service matters and Pension/Gratuity issues

If there is any dispute related to service matters such as promotion or if someone has not received their pension or gratuity, these matters fall within the domain of appropriate tribunals.

3. Complaints against Central/ State Government departments and Local Bodies 

If there is any complaint against government departments or local bodies besides the complaints against issues mentioned in the list above from item Nos. (1) to (10), then such complaints are not considered to address the broader public interest.

4. Admission issues

If a child has not secured admission to a school or college, then in that case, the remedy lies before the appropriate authority and it is not a matter that involves public interest.

5. Petitions for early hearing of cases pending in High Courts and Subordinate Courts

If a litigant wants an early hearing of their case, then they should file an application for the same before the concerned court rather than filing a PIL.

6. Family matters

If an individual is seeking maintenance from their spouse, then the Supreme Court will ask the petitioner to file an appropriate petition or a suit in the court of competent jurisdiction.

These are the guidelines formulated by the Supreme Court that give the list as discussed above. 

What is the legal framework for PIL and which court has jurisdiction to entertain a PIL?

A PIL is part of the writ jurisdiction of the Court in which you are filing it. Given that only the Supreme Court of India and the High Courts have the extraordinary power to hear writ petitions, naturally, PILs are filed before these courts alone. 

The powers are as under: 

• Supreme Court of India under Article 32 of the Constitution of India

Article 32 deals with the right to move the Supreme Court against violation of rights conferred by Part III of the Constitution and it empowers the Supreme Court to issue appropriate writs in the matter.

• High Court of any State under Article 226 of the Constitution of India

Article 226 empowers the High Court to issue writs within their jurisdiction in cases of violation of rights mentioned in part III of the Constitution and for any other purpose.

When should you approach the Supreme Court to file a PIL

You must be wondering which court you should move—given that both the High Court and Supreme Court have the power to entertain PILs. Let’s understand. 

If there is an issue of general public importance that involves more than one state, you should approach the Supreme Court. It is logistically and legally imprudent to file petitions in different High Courts for the same issue. 

Similarly, if there is an issue of such grave importance and magnitude that needs the involvement of the Supreme Court, you can move under Article 32. However, understand that the discretion to entertain the same or send you to the concerned High Court in such a case lies solely with the Supreme Court. 

Issues such as there being a danger to the petitioner’s life/limb in the jurisdictional state could be a valid ground to move to the Supreme Court instead of the concerned High Court. 

Before we learn how to draft a petition, let’s understand some pre-requisites. 

What are the steps to be taken before filing a PIL?

Before you file a PIL, you need to take certain preparatory steps to ensure your case stands a good chance of success. There are a few reasons why a PIL gets rejected at the admission stage itself or gets dismissed with heavy costs:

• The case is vexatious/ the subject matter has no merits 
• The case has been filed with motives of personal gain 
• The petitioner is a habitual litigator and keeps filing petitions to waste the time of the court. 

So, as a lawyer, when a PIL comes to you, here are the things you must do:

Research the subject matter

Two types of cases may come to you:

• First, where you need to conduct legal research to see if there is an actual right that has been infringed, whether a PIL would be maintainable, if there is any alternative remedy that can be availed, if there has been any prior case and what orders were passed in that, if any. You need to exercise your judgment and legal nuance here. 
• Second, where the subject matter is beyond your understanding and requires expert opinion. You need to either ask your client to provide you with enough material and information and check the veracity of it, or you need to take the opinion of an expert in such cases. Food adulteration, for example. You cannot simply allege that “X” brand of soft drink causes side effects without adequate scientific proof. 

Research your client

You need to check the bona fide of your client:

• What is their social standing 
• Why do they want to file this petition 
• Have they filed any PILs previously, if yes, with what results
• Are they a habitual litigator 
• Are they known for their work/service in this domain
• Have they received any awards/accolades for their work
• If it is an NGO/social organization, what is the nature of the work that they do 

Gathering evidence

It is not sufficient to simply raise an issue until you have facts and documents to back your claim.

It is important to ensure that the issue you are raising is genuine and that it is affecting the public at large.

For example, if you are filing a PIL about pollution, you must support it by showing various reports, photographs, and scientific studies regarding the harm that pollution is causing the environment.

What are the essential components of a PIL?

There are many ways to initiate a PIL in the Supreme Court as per Order XXXVIII Rule 12 of the Supreme Court Rules. It can be initiated:

• Suo moto by the Court 
• By filing a petition under Order XXXVIII Rule 12 of the Supreme Court Rules
• By an order of the court to treat a petition as a Public Interest Litigation Petition.
• By way of letters to the CJI 

For this article, we will focus on the second one. 

Now, what are the important components of drafting a PIL petition? They are as follows:

1. Synopsis
2. List of Dates
3. Memo of Parties
4. Mandatory Declarations/ Disclosures as per the Supreme Court Rules
5. Grounds including grounds for Interim reliefs, if any.
6. General Averments
7. Prayer
8. Interim reliefs, if any

Let’s now learn how to actually draft a PIL petition.

How to draft a Public Interest Litigation Petition for the Supreme Court of India

We will take the following situation into account to understand the drafting part. 

Imagine that an NGO named Sahakar, which works for the rights of vulnerable sections of society (women and children) and has several branches in East and South India, has expressed their discontent with how they have to travel to Delhi every time their matters go in appeal before the Supreme Court. 

They have a lot of pending cases before the Court and the expenses for travel and stay, fees for advocates based in Delhi, and fees for a local advocate who is aware of the case, amongst others, have almost left them bankrupt. 

They have approached you and want you to file a PIL before the Supreme Court to set up regional benches in East- Kolkata, West- Mumbai, and South Hyderabad/Chennai.

Are you ready?

Let’s start with a synopsis first. The drafted bits are in bold and italics. 

Synopsis

The Synopsis of a case is the summary or essence of your entire petition. Your main contentions should be reflected in the Synopsis. A good synopsis should be 1-2 pages at maximum. 

For PIL synopses, you have to establish how this is a matter of larger public interest, and the Court should take action. PILs are data-driven, so if you are claiming loss of a certain kind, give numbers/references to reports, etc, in your synopsis itself. 

You can begin with the following:

That the present Public Interest Litigation petition is being filed keeping in view the public interest of ____ citizens of India, and to ensure that there is access to justice for all despite factors such as their geographical location, in furtherance of their rights enshrined under Articles 21 and 14 of the Constitution of India. 

The present Public Interest Litigation addresses the critical issue of access to justice, specifically concerning the establishment of regional benches of the Supreme Court in East (Kolkata), West (Mumbai) and South (Hyderabad/Chennai) India.

The Petitioner, Sahakar, is an NGO working for vulnerable sections of the society, including women and children since 1965, brings forth this matter of significant public importance.

You can include the following points in the synopsis in the present circumstances:

• Geographical restrictions to accessing the Supreme Court
• Financial burden on litigants coming from remote areas 
• Constitutional mandate under Article 130
• Recommendations of Law Commission Reports

You can even provide statistics in it: 

• Average travel cost from Eastern India to Delhi: ₹15,000-20,000
• Legal representation costs in Delhi: ₹50,000-1,00,000 (additional)
• Pending cases from Eastern region: [specific number] 
• Number of affected litigants: [specific data]”

Here’s how the drafted para would look like:

The litigants residing in distant regions, particularly in East and South India, face significant challenges and hardship due to the centralised location of the Supreme Court in New Delhi. 

The average traveling cost for litigants coming from Eastern India to Delhi would amount to approximately Rs.15,000-20,000/- per trip and the average cost for legal representation in Delhi ranges from anywhere between Rs,50,000-1,00,000/-, making the justice an expensive affair for many. 

The litigants belonging to weaker sections of society, particularly women and children, face financial hardships in accessing the Supreme Court.

There are a total of ___(specific number) cases that are pending in the Eastern region and the number of affected litigants is ______(specific data).

Article 130 of the Constitution of India permits the Supreme Court to sit in Delhi or any other place in addition to New Delhi, as may be prescribed by the Chief Justice of India with the approval of the President. The establishment of regional benches would be a step towards ensuring equitable access to all.

The Law Commission of India, in its 95th Report of 1984 and 229th Report of 2009, emphasized the need for regional Supreme Court benches to reduce the burden on the principal bench in New Delhi and also to ensure greater accessibility to justice to all. Despite these recommendations, no concrete steps have been taken to address this issue.

Hence, the present Petition.

Let’s move to the next part.

List of dates

After the synopsis, comes the List of Dates & Events, which chalks out the entire dispute/litigation history. 

In a PIL, what dates are you supposed to give? There might not be any litigation history or disputes. So, what dates become important?

Let us take our case and do this.

What should be the first date?

This is when the Constitution was framed. But what part of the Constitution is relevant here?

Article 130 states that the Supreme Court shall sit in Delhi or such other place or places as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

The next date should be the First Law Commission Report, which recommended that regional benches should be set up.

Are you following?

This is how it shall look:

List of Dates/Events

26th January, 1950	Article 130 of the Constitution of India came into force. Article 130 provides that the Supreme Court may sit at Delhi or any place other than Delhi as the Chief Justice of India may, with the approval of the President. This article recognises the possibility of the Supreme Court functioning from locations other than Delhi.
1984	The 95th report of the Law Commission of India recommended the establishment of regional benches of the Supreme Court. The report placed emphasis on the financial and logistical challenges faced by litigants who were traveling to Delhi. It addressed the growing issue of unequal access to justice for citizens from all parts of the country, particularly from remote regions of the country.
2009	The 229th Law Commission report reiterated the need for regional benches of the Supreme Court to address the increasing burden of cases and the geographical challenges faced by litigants. The report highlighted that the centralization of the Supreme Court often imposed significant costs and hardships on citizens from distant parts of the country.
2025	There are a total of ___(specific number) cases that are pending in the Eastern region and the number of affected litigants is ______(specific data)
Month/2025	Hence, the present Petition.

Cause Title and the Memo of the parties

Now comes the main body of the PIL. Like any other petition, it starts with a Cause Title. 

The cause title for the PIL is a slightly modified one of a writ: 

IN THE SUPREME COURT OF INDIA 

EXTRAORDINARY ORIGINAL JURISDICTION 

WRIT PETITION (PIL) NO. ____________ OF 2025

This is how it shall look. As we are invoking the extraordinary original jurisdiction of the Supreme Court, we have mentioned the same.  

Now, who will be the parties? 

Generally, your client or the association who is filing will be the Petitioner. In our case, the NGO “Sahakar” will be the petitioner.

Who will be the respondent? 

The respondent is usually the State, the Union or any Departments of the State. In our case, the Respondent will be the Union of India.

This is how it will look like:

In the matter of 

Sahakar 

Through its founder, 

Mr.A,

T-95, B.L. House, 2nd floor,

(Near Gulmohar Commercial Complex)

Gautam Nagar, New Delhi-110049. …Petitioner

V/s.

Union of India 

Through the Secretary, Ministry of Law and Justice 

4th Floor, A-Wing, Shastri Bhawan, New Delhi – 110001  …Respondent

Let’s move to the next part.

Mandatory Declarations/ Disclosures as per the Supreme Court Rules

As per the Supreme Court Rules, in a PIL, the Petitioner must disclose the following:

a. The petitioner’s full name, complete postal address, e-mail address, phone number, proof regarding personal identification, occupation and annual income, PAN number and National Unique Identity Card number, if any:

The Petitioner is a registered non-governmental organization (NGO) that has been working for the welfare of vulnerable sections of society, particularly women and children, since 1965. The organization undertakes a wide range of activities, including advocating for access to justice for marginalized communities and addressing systemic barriers that prevent them from seeking legal recourse.

The Petitioner has also worked on issues of legal awareness and policy advocacy. The organization is registered as a Public Trust under [Applicable Act, e.g., the Societies Registration Act, 1860], bearing Registration Number [Registration Number]. The address of the Petitioner is [Full Address], and it can be contacted at [Phone Number] or via email at [Email Address].

The Founder-President of Petitioner, [Name of the President], is authorized to institute proceedings on behalf of the Petitioner organization. The organization’s annual income is ₹[Annual Income] as per its audited financial statements, and its PAN number is [PAN Number]. Being an organization, it does not have a National UID number.” Copies of the audited financial statements of the Petitioner are annexed as Annexure P1, Annexure P2….. 

You need to mention the following antecedents of the Petitioner— Any accomplishments, awards, recognition, or expertise related to the subject matter of the case must be pointed out. 

In the present case, this is how you will write the same.

That the Petitioner has a long-standing history of contributing to social justice and has earned recognition for its dedicated efforts in promoting equitable access to justice for marginalized communities. They have won several accolades in the form of national and state awards for their contribution to the upliftment of these vulnerable sections. 

The details of the awards won by the Petitioners are:_____

• If they have filed PILs before and reliefs have been granted in those, it is ideal to list those down here itself
• If PILs are on the same subject matter- put them on top. 

Since, in our case, there are no such similar PILs, so we will not mention it 

In addition, you will need to narrate the following: 

2. The facts constituting the cause of action:

(i) The Supreme Court of India is presently exclusively located in Delhi, creating significant geographical challenges for litigants residing in the country’s Eastern, Western, and Southern parts.

(ii) The litigants from remote regions incur substantial expenses on traveling ranging between ₹15,000–₹20,000 and also incur expenses on legal representation ranging from ₹50,000 to ₹1,00,000, making access to justice financially burdensome for most.

(iii) The vulnerable communities, including women and children, face logistical and financial barriers that restrict them from seeking redressal from the Supreme Court, leading to a denial of justice.

(iv) Article 130 of the Constitution of India allows for the establishment of regional benches of the Supreme Court in Delhi and any other location other than Delhi, a measure yet to be implemented despite its necessity.

(v) The 95th Law Commission report suggested the establishment of regional branches of the Supreme Court in different parts of India that would help the people access the Supreme Court without having to travel long distances, which is not only expensive but also time-consuming for the citizens of the country.

(vi) The Law Commission of India has, in its 229th Report, revisited this issue and observed that the Supreme Court was overwhelmed with a large number of cases, causing delays in hearing of the matters. They proposed to divide the Supreme Court in two parts:

• Constitution bench in Delhi: This bench would handle all cases related to constitutional matters.

• Benches in Four regions: These benches would be located in Delhi, Chennai or Hyderabad, Kolkata and Mumbai, and would deal with appeals from High courts in their respective regions.

True copy of the Law Commission Report dated _____ is being filed herewith and marked as Annexure P_. 

Do not forget to annex and mark all necessary documents!

(vii) This structure was recommended with the aim of reducing the burden on the main Supreme Court in Delhi.

(viii) Despite these recommendations by the Law Commission, no action has been taken to implement the establishment of regional benches, leaving large sections of the population without adequate access to the apex court.

(ix) The financial and logistical barriers faced by litigants from remote regions have resulted in the violation of their fundamental rights under Articles 14 and 21 of the Constitution. 

• Article 14 ensures that every individual shall be treated equally before law, which means that no person should face any discrimination. Therefore, when litigants from distant areas face significant obstacles in accessing the Supreme Court, it creates an imbalance that effectively denies them the same legal opportunities that are available to citizens who are closer to Delhi. 

• Similarly, article 21 includes the right to access justice. Therefore, when individuals cannot effectively approach the Supreme Court due to logistical or financial constraints, it affects their right to legal recourse, thereby affecting their right to life and personal liberty.

(x) There is an urgent need to address this systemic inequity and uphold the principle of access to justice for all citizens of India, irrespective of their geographic location.

(xi) There are a total of ___(specific number) cases that are pending in the Northeast, Eastern, or Southern region and the number of affected litigants is ______(specific data).

3. The nature of injury caused or likely to be caused to the public:

You need to note down the fundamental rights that are being violated.

The litigants in metropolitan areas like Delhi have significantly better access to justice compared to those in distant regions like the Northeast, Eastern, or Southern States, which is a violation of Article 14 of the Constitution.

The absence of regional Supreme Court benches creates systemic barriers to accessing justice in a timely manner that results in violation of Article 21 of the Constitution.

4. The nature and extent of personal interest, if any, of the petitioner(s): The Petitioner has no personal interest or private/oblique motive in filing the instant petition.
5. The source of your information: The facts mentioned in this petition are based on reports published by [source], which were verified by the petitioner through direct engagement with affected parties.

If your facts come from an external party, indicate that the petitioner has verified the facts personally or state the source of the information

6. Whether the issue was raised earlier; if so, what result?  This issue has not been raised before this Hon’ble Court earlier. 

Give details of previous cases, if any including the case number and final result. 

7. Details regarding any civil, criminal or revenue litigation involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the Public Interest Litigation: There is no civil, criminal, revenue or any litigation involving the Petitioner which has or could have a legal nexus with the issues involved in the PIL.
8. Whether the concerned Government Authority was moved for relief(s) sought in the petition and if so, with what result: NA

Since in the present case, the petitioner did not move any authority, we will not mention any details. 

Grounds 

Think of reasons why the Court should allow your petition, those are your grounds. You need to list down your 5-10 best grounds. Do not write lengthy repetitive grounds. In this case, can you think of any grounds?

Let me help you with some tips to identify grounds

• You must first understand the specific grievance, which is the centralized structure of the Supreme Court in Delhi.
• Then, study the relevant laws and provisions around it to see what is violated. In the present case, the relevant law is the Constitution and the provisions that have been violated are Articles 14, 21, and 39A of the Constitution.
• You can check the precedents, law commission reports, and evidence to analyze the issue.
• Finally, anticipate counterarguments by addressing concerns like feasibility and efficiency, highlighting the hardships litigants face due to geographic and financial barriers.

In our case, we can consider the following grounds:

1. Because the geographical centralization of the Supreme Court in New Delhi creates a barrier for litigants from remote and economically disadvantaged regions, violating their fundamental right to access justice in a timely manner as guaranteed under Article 21 of the Constitution of India. The inability to approach the Supreme Court in a timely manner undermines their right to seek remedies and compromises their right to life and liberty. 
2. Because the centralized structure of the Supreme Court in New Delhi violates Article 14 of the Constitution, which guarantees equality before the law and equal protection of the laws, by creating unequal access to justice for litigants from different regions of India. The fundamental principle that justice should be affordable and accessible for all citizens is undermined on account of the disproportionate disadvantages for the distant and economically weaker sections of society.

As a matter of practice, prioritize legal grounds over factual grounds.

3. Because the establishment of regional benches of the Supreme Court has been repeatedly recommended in multiple Law Commission Reports, for example, the 95th and 229th Reports, that recognized the acute challenges posed by the centralization of the Supreme Court as a means to ensure access to justice and reduce the burden on the Supreme Court, yet no action has been taken in this regard.
4. Because there is a great travesty of justice in having a single seat of the Supreme Court in Delhi alone, which imposes an unbearable cost of litigation for those living in far-flung areas of the country. The agonies of a litigant coming to New Delhi from distant places like Chennai, Thiruvananthapuram, Puducherry in the South, Gujarat, Maharashtra, and Goa in the West, Assam or other States in the East to attend a case in the Supreme Court cannot be overlooked by this Hon’ble Court. The financial burden includes substantial expenses on travel, accommodation, and bringing one’s lawyer who has handled the matter in the High Court, further adding to the overall cost.

Can you think of other grounds now?

Let me give you a hint.

Think of one ground on the huge pendency of the cases at the Supreme Court.

Grounds for interim relief 

Also, if you are claiming any interim reliefs, you have to mention the grounds supporting the grant of the interim reliefs. In this case, there is no appropriate relief, hence we aren’t asking for any. 

General averments

Also, some standard clauses need to be added for PILs: 

• That in view of the above, it is in the interest of justice and equity that the Petitioner seeks to pray following directions from this Hon’ble Court under Article 32 of the Constitution of India.
• That the annexures to the present writ petition are true or true typed copies of their respective original.
• That this Petition has been filed in bonafide and in public interest and the Petitioners crave leave of this Hon’ble Court to amend the grounds taken herein, if and when required.
• That this Hon’ble Court has jurisdiction to decide this writ petition in the public interest under Article 32 of the Constitution of India.
• That no similar petition seeking similar relief has been filed by the Petitioner before this Hon’ble Court or any other Court.

Prayer clause

You must mention the specific remedies or reliefs expected by the petitioners. 

You can also, in the favour of the public interest, pray that the court shall pass such orders or directions as may be deemed necessary according to the facts and circumstances of the case.

In our case, we can consider the following reliefs:

That in view of the aforementioned facts and circumstances, it is prayed that this Hon’ble Court may be pleased to:

1. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, thereby directing the Union of India to take immediate steps towards the establishment of regional benches of the Supreme Court in the Eastern, Western, and Southern regions specifically at Kolkata, Mumbai, Hyderabad and Chennai to ensure easier access to justice for citizens in these areas.
2. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, thereby directing the Union of India to allocate necessary resources and infrastructure for the effective functioning of these regional benches.
3. Issue a writ of in the nature mandamus or any other appropriate writ, order or direction, thereby directing the Union of India to formulate and implement a comprehensive plan for operating at these regional benches, including the appointment of necessary judicial and administrative staff, to ensure their smooth and effective functioning of these regional benches.
4. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the Union of India to periodically review and assess the impact of these regional benches on access to justice and accordingly to make necessary adjustments to improve the effectiveness in serving the public interest.
5. Any other order(s) in the interest of justice, equity and good conscience. 

While structuring reliefs in a PIL, please note that you are still under the writ jurisdiction of the Court, so you can ask for any of the named writs, directions or otherwise. 

Prayer for Interim reliefs

There are various kinds of relief available under this clause.
It may include any interim measures or orders that are taken according to the case urgency. The court may order for an early interim measure until the final order is passed to secure the interest of the public. 

In our case, we cannot seek any interim relief because the issue at hand deals with the establishment of regional benches of the Supreme Court, which requires long-term structural changes and cannot be resolved through temporary measures or orders. It is a policy issue that requires comprehensive consideration and deliberation and cannot be addressed through interim relief.

If there is any prayer of interim relief made after filing the writ petition, then it should be made by a separate application supported along with an affidavit.

 If any interim relief is claimed, then the petitioner should provide respondent/s with copies of such petition along with all the supporting documents of the plea which shall contain a statement to the effect.

In certain cases, it can also be pleaded to pass the interim order as the final decision if required.

Accompaniments to a PIL 

As per the Supreme Court Rules, 2013, an affidavit stating that there is no personal gain, private motive, or oblique reason in filing the Public Interest Litigation.

Here’s how the final PIL is going to look like: PIL Sample LawSikho.  

What is the procedure for filing a PIL?

Stage one

Once you have prepared the paperbook of your main case, you are to present the same to a Dealing Assistant at the Filing Counter. The Dealing Assistant shall do the following in the presentation of the main case:

• In case of an advocate on-record, the advocate authorized on that behalf or his registered clerk, identify the person filing the case on the production of identity card; or in respect of a party in-person, identify him/her on the basis of Aadhar Card or any other permissible identification;
• Enter in the computer a complete description of the first petitioner/ applicant/appellant and first respondent/non-applicant and names of their advocates;
• Check details through cause title and filing memo respectively;
• Check vakalatnama and affidavit duly signed and executed;
• Generate diary number and stamp the date of filing;
• Cancel the court fee stamps by punching out the figure-head so as to leave the amount designated on the stamp untouched or by locking the eCourt fee;

Stage two

Upon receipt of the case, the Assistant will do the following: 

• Enter in the computer details of the case, if any, out of which the main case has arisen.
• Check whether any similar or link case has been filed or disposed of on the basis of filing memo;
• Check through the cause title of the case to see whether any similar case is pending or has been disposed of;
• Enter data as regards additional parties

Stage three

After the details have been entered, your file is moved to scrutiny. On receipt of the main case, the Scrutiny Assistant will do the following: 

• Scrutinize the case as to whether it conforms with the Rules and practice of the Court or is defective;
• Count the value of court fees stamps affixed on the petition, affidavit, vakalatnama or document separately;
• Extract subject category of the case (please refer to Part IV of the Supreme Court Rules for subject category identification);
• Generate limitation report;
• If the case is found to be defective, the scrutiny Assistant shall enter the defects in the computer and notify them to enable the advocate on record or the party, as the case may be, to remove the defects within a period of twenty-eight days in aggregate;
• If the case is not found to be defective and is found to be in order, the scrutiny assistant shall open the file in respect of Part-I and Part-II documents.
• Place such cases as he considers to be not maintainable for any reason before the Branch Officer, who shall place the same before the senior officers for orders;
• Where the dealing Assistant is of the opinion that court fee payable in a main case cannot be determined for any reason or a question as regards thereto arises, he shall place the matter, through senior officers, before the Registrar/Taxing Officer, who may, in his discretion, require the parties to produce the relevant records to enable him to decide the question of court fee.

Stage four

• On receipt of the case from the Scrutiny Assistant, the Branch Officer or any other superior officer shall make verification/confirmation of –
  • scrutiny of the main case;
  • subject category and sub-category of the main case;
  • Limitation;
  • tagging on the basis of identical, similar or linked cases;
  • section and provision(s) of law under which the case is filed.
• If the main case along with interlocutory applications (if any) conforms to the requirements of the rules and practice and procedure, the main case shall be registered.
• The officer shall give directions to enter the said details in the computer.

Defects and Removal 

• If there are defects notified in a given matter, an advocate has to remove the defects and refile the case. For example, if there are errors in the pagination of annexures, the pages are to be freshly printed, renumbered and refiled.  When the main case is re-filed after removal of the defect(s), it is placed before the Scrutiny Assistant, and the same is checked and registered, provisionally, if the defect(s) notified has been removed. This is, however, done subject to verification and confirmation by a superior officer.
• Consequent upon registration of a main case, all papers and documents forming part of the case file are scanned/digitized. An Office Report, if required, is prepared in the defect-free main case and the case file is then sent to the concerned Court Master of the Bench on its first listing.
• If in case the defects are not removed till ninety days from the date of communication of the defects, the matter is then listed with the Office Report on default before the Judge in Chambers for appropriate orders. The Judge in Chambers may grant further time for the removal of defects.
• If the defects are removed after 60 days from the date of notifying the defects, an application seeking condonation of delay in re-filing the main case has to be filed. The matter will then be listed before the Judge in Chambers under Order V Rule 2(32) of the Rules.
• Where a period for removal of the defect(s) has been stipulated by the Judge in Chambers, the record of the case shall be sent to the concerned Dealing Assistant. The concerned person has to get the defect(s) rectified and certified by the Section Officer within the stipulated period, failing which the case is then sent for listing before the Judge in Chambers for orders on default.
• If the defect(s) is removed, the case is then sent for listing before the Court

The following table will highlight the key differences between the procedure for filing a PIL before the Supreme Court and the High Court:

Particulars	Supreme Court	High Court
Number of copies of the PIL to be filed	5	2
Service of copy upon Respondent(s) / Opposite Party(ies)	To be served in advance	To be served only when the Hon’ble Court issues notice regarding the same.
Court Fees to be affixed on the Petition	Rs.50/- per Respondent / Opposite Party	Rs.50/- per Respondent / Opposite Party

Lastly, we should know 

What are the grounds for rejection of a PIL?

A PIL can be rejected for various reasons and I will tell you some instances in which a PIL will be rejected.

• If the petition is filed with malicious intent;
• If the issue raised in the PIL has already been decided by a competent court, it would be barred by res judicata;
• If there is any misrepresentation or suppression of facts in the PIL;
• If the petition involves a personal or financial interest in the dispute.

Conclusion

To conclude, I would say that by allowing ordinary citizens to challenge government decisions and hold them accountable, PIL has become an important legal tool in advancing social justice and ensuring that the law works in favor of the larger public good. 

Even lawyers can build a lot of credibility, particularly in the Supreme Court by filing PIL and addressing a key public issue that can offer an opportunity for young lawyers to engage with senior advocates, government representatives and public interest groups, all of which can significantly help a lawyer to stand out in the legal community. 

Additionally, many PIL cases also attract media coverage that can differentiate lawyers in building a reputation as lawyers working for the public good and also making a difference in society at large.

Do you still have questions about PIL?

I have listed down frequently asked questions to guide you further and give you more clarity on PIL.

 FAQs

1. How did the concept of PIL evolve?

The seed of the concept of public interest litigation was initially sown in India by Justice Krishna Iyer in the year 1976 in the case of Mumbai Kamgar Sabha, Bombay v. Abdulbhai Faizullahbhai and Others [(1976) 3 Supreme Court Cases 832]. However, the first landmark case of PIL was reported in 1979.

You might have surely heard about the landmark case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar [(1980) 1 Supreme Court Cases 93] decided in 1980, when the Hon’ble Supreme Court released over 40,000 undertrial prisoners and established the right to speedy justice as a fundamental right. 

Justice P.N.Bhagawati played a crucial role in pioneering the new era of the PIL movement in the case of S.P. Gupta v. Union of India [AIR 1982 SC 149] 

By this judgment, PIL was made a potent weapon for enforcing public duties in cases where executive action or misconduct caused harm to the public.

Justice Bhagwati was the architect of modern PIL. Because he did something unprecedented, he did not insist on complying with procedural technicalities and considered even simple letters from concerned citizens as a court petition and acted on it.

2. What is usually the cost of filing a PIL in the Supreme Court?

Filing a PIL primarily involves certain costs such as court fees, the court fees for filing a PIL in the Supreme Court of India is Rs.50/- per Respondent.

In addition to court fees, there are other costs such as fees of the advocate who would be drafting, filing and arguing the PIL and those fees would depend on the advocate that the petitioner chooses. However, there may be a few advocates who can do it pro bono also.

You should also know that it is also possible to file a PIL without any legal representation. By engaging an experienced advocate can only enhance the effectiveness and representation of the petition before the court.

3. Can a PIL be filed against a private individual or company?

A PIL cannot be filed directly against a private individual or company. However, a private individual or company can be made a respondent in a PIL only if the concerned state authority is made a party to the case. 

4. How long does it take for a PIL to be resolved in court?

There is no fixed timeline for deciding a PIL and it completely depends on several factors, such as the urgency of the matter, the workload of the court, procedural delays, and cases involving complex legal questions. If there is an urgent matter, you can expect the result in a few months, but in general, it takes a few years to resolve a PIL. However, there may be interim directions given in the meantime so that the purpose of filing the PIL is not defeated.

5. Can a non-resident Indian (NRI) file a PIL?

A Non-Resident Indian (NRI) can file a Public Interest Litigation (PIL) in India. Our legal system allows any individual, including NRIs, to file a PIL, which is in the interest of the public at large. PIL can be filed in the High Courts under Article 226 of the Constitution or in the Supreme Court under Article 32. It is important that the PIL must genuinely be for the betterment of the public at large and should not be to achieve some personal goals. 

6. What happens if a PIL is dismissed by the Supreme Court?

If the Supreme Court dismisses the PIL, then in that case you can file a review petition challenging that order of dismissal.

7. Are there any penalties for filing a frivolous PIL and what are situations where PIL is misused?

No rule or provision mentions the amount of penalty that can be imposed. However, the Court has ample powers to impose penalties of an appropriate amount on the person filing frivolous PILs for wasting the precious time of the court.

8. What are the landmark cases that shaped PIL in India?

The following are the landmark cases that have significantly shaped the evolution of PIL in India

• Parmanand Katara vs Union of India & Ors.[AIR 1989 SC 2039]: This case expanded the scope of emergency medical care, wherein the Supreme Court made it obligatory for a doctor or a hospital, both public and private, to provide immediate medical aid to a victim of a road accident.
• Vishaka & Ors. v. State of Rajasthan & Ors. [AIR 1997 SC 3011]: In this case, the Supreme Court laid down guidelines in order to protect women from acts of sexual harassment in the workplace also known as the Vishaka Guidelines. These guidelines were later converted into the Sexual Harassment Of Women At Workplace (Prevention, Prohibition, Redressal) Act, 2013.

9. What is the role of NGOs and activists in filing PILs?

Non-Governmental Organizations (NGOs) and activists have been instrumental in using PIL as a mode to redress public interest issues. They identify critical issues that affect the marginalised communities and resort to helping them. They also hold the government and various other authorities accountable for their actions. Finally, they help in raising awareness, thereby encouraging the involvement of the people in the matter.

10. What is the role of the judiciary in PILs?

The judiciary has played an important and active role in the development of PIL:

The Courts also have suo moto taken cognizance of the issues affecting the public at large. Recently, the Bombay High Court took suo moto cognizance of the poor air quality in Mumbai and passed necessary directions to address these issues in the PIL.

The Courts have even issued directives to enforce rights and implement policy changes. As we have seen above, how the Supreme Court issued the Vishakha guidelines to protect women from acts of sexual harassment in the workplace.

11. What are the challenges and criticisms of PILs?

Besides the benefits of PILs, there are a few challenges also.

Some individuals misuse PILs for personal or political gain or file PILs with malafide intent only for publicity or harassment.

The criticism is that the PILs have not heard finally for almost years because of the huge number of cases pending in courts, thereby delaying the hearing of the cases.

12. What is the impact of PILs on society?

It has a major impact on society. It helps in advancing the rights of marginalised groups and also in educating people about their rights and the legal remedies to protect them.

13. What are the best practices for drafting an effective PIL?

First and foremost, the issue must be genuine and must affect the public and it should not be motivated by personal grievances or ulterior motives.

Then, collate all the necessary data and evidence to make the draft watertight. Look up the necessary law on the issue along with the judgments of the Courts on similar issues to have some binding force.

Then only start drafting to make the PIL effective.