Writs & Supreme Court

Public Interest Litigation Writ Petition under Article 226 or Article 32

A Public Interest Litigation (PIL) Writ Petition is a legal instrument filed by a public-spirited individual or organisation to seek judicial enforcement of a public right or the rights of a disadvantaged class of persons. It allows the court to address systemic failures, such as administrative inaction or violations of fundamental rights, where the affected parties cannot approach the court themselves.

This petition is filed either in the High Court under Article 226 of the Constitution of India or in the Supreme Court of India under Article 32. The filing must establish the petitioner's bona fides and lack of personal interest, and it is governed by the respective High Court PIL Rules or the Supreme Court Rules, 2013, specifically Order XXXVIII Rule 12(2).

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Governing law
Constitution of India, Articles 226 and 32; Supreme Court Rules 2013, Order XXXVIII Rule 12(2) (for SC PILs); High Court PIL Rules / Original Side Rules (for HC PILs).
Sections
s. Article 14s. Article 19s. Article 21s. Article 32s. Article 226s. Order XXXVIII Rule 12(2)
Filed before
High Court (Article 226) or Supreme Court of India (Article 32)

When this is the right filing

  • To address systemic administrative inaction or a violation of fundamental rights affecting a large, underprivileged class of persons.
  • To seek judicial intervention in cases of environmental degradation, custodial rights violations, or denial of access to health and education entitlements.
  • When the petitioner has no personal interest in the matter and is acting purely for a bona fide public purpose.
  • When the affected class of persons is unable to approach the court on their own due to poverty, disability, or social or economic disadvantage.
  • Do not use this petition for a private grievance or a personal claim; a regular writ petition is the appropriate filing for individual rights violations.

What the court looks for

  • Clear establishment of the petitioner's locus standi, demonstrating a bona fide public purpose and the absence of any personal gain or interest.
  • A detailed synopsis and list of dates that present a clear narrative of the systemic failure or violation of rights.
  • Specific grounds, each beginning with 'BECAUSE', that articulate the violation of fundamental rights, typically under Articles 14, 19, or 21.
  • Mandatory PIL declarations as required by the concerned High Court's rules or the Supreme Court's Order XXXVIII Rule 12(2) affidavit.
  • A prayer clause that seeks a specific, enforceable remedy for the affected class, along with a statement on maintainability confirming no alternative remedy exists and no prior petition has been filed.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

How it opens
Kindly treat the accompanying Public Interest Litigation as an urgent one as per the Rules of this Hon'ble Court. An early date of hearing is respectfully solicited as the matter involves a grave public law issue affecting a class of persons who are unable to approach this Court on their own.

Bracketed items are filled from your case.

Frequently asked questions

What is the difference between a PIL under Article 226 and one under Article 32?

A PIL under Article 226 is filed in a High Court and can be used to enforce not only fundamental rights but also other legal rights. A PIL under Article 32 is filed directly in the Supreme Court and is exclusively for the enforcement of fundamental rights. The choice of forum depends on the nature of the right violated and the territorial jurisdiction.

Who can file a Public Interest Litigation?

Any public-spirited person or organisation can file a PIL, provided they can establish 'locus standi'. This means they must demonstrate they have no personal interest in the outcome and are acting bona fide on behalf of a class of persons who are unable to approach the court themselves due to poverty, disability, or other disadvantage.

What are the mandatory declarations required in a PIL petition?

The petition must include declarations confirming the petitioner has no personal interest in the case, has not filed any other similar petition, and is bearing the costs independently. For a Supreme Court PIL, a specific affidavit under Order XXXVIII Rule 12(2) of the Supreme Court Rules, 2013, stating there is no personal gain, is mandatory.

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