2nd YEAR B.A.

LLB - SEMESTER - 4 (2023)

2nd INTERNAL ASSESSMENT

Public Law Skills

Report Writing- Public Interest Litigation

NAME: Aastha Sachdeva

DIVISION: E

PRN: 21010125478

COURSE: BA LL.B. (H)

SEMESTER: IV

BATCH: 2021-2026
 ASSIGNMENT PROMPT

Drafting of Petition under A. 32 and 226 of the Indian Constitution by Adv. Akriti Chaubey
and Adv. Roohina Dua, On March 18, 2023, and April 1, 2023

“True peace is not merely the absence of war, it is the presence of Justice.”
- Jane Addams

INTRODUCTION

India is a melting pot of contradictions, and its people have been striving for equality since
the beginning of civilization. Our legal system is like a bubbling cauldron into which fresh
ingredients are constantly being thrown. Public interest litigation (henceforth 'PIL')
introduced a similar synthesis, but on a zillion times greater scale.

The law is ever-changing, making it necessary for the judicial intellect to investigate
violations of constitutional duties that hinder humanity's progress. person rights are
essentially universal rights bestowed by virtue of just being a person; consequently, PIL acts
as a weapon for enforcement of an individual's basic rights rather than a bowl of charity or a
facility. Although the term "public interest litigation" (PIL) is not specified in the Indian
Constitution itself, it arises naturally from the application of the law.

Fundamental rights, as enshrined in Part III of the Indian Constitution, are the inviolable
rights that are essential for the development and holistic evolution of every individual's
personality, as well as the maintenance of human dignity and respect. By recognising courts
as the guardians of rights, the Indian Constitution has established a mechanism for redressing
violations of fundamental rights through the filing of petitions for the enforcement of
fundamental rights through the issuance of writs under Article 32 1and Article 2262 of the
Indian Constitution. Husainara Khaatoon instituted the first PIL in 1979 to investigate the
treatment of prisoners in Bihar's jails. The PIL had a significant role in bringing about
political and social changes in the country. This method has been used successfully to
challenge a wide range of unlawful and unfair practises inside the nation, including instances

1
Indian Constitution, art. 32.
2
Indian Constitution, art. 226.
of bigotry, and has helped to preserve the core values of democracy as a result. Therefore, it
is a powerful tool for protecting people's basic liberties.

Public Interest Litigation or a specific group of individuals can be considered a PIL if it

involves an issue that effects the public at large. Consequently, a PIL resembles a writ
petition in format and is lodged under Article 32 or Article 226 of the Indian Constitution
before the Supreme Court or High Court, respectively. According to Article 12,3 a PIL can
only be lodged against a State/Central Governmental authority, and a private party can only
be added as a respondent after the relevant State/Central authority has been made a party.

Any public For the larger

spirited person, Provides access
interest of
NGO can file a for Justice
public
PIL

CONSTITUTIONAL BACKGROUND

The explicit inclusion of the concept of Public Interest Litigation (PIL) cannot be found in
any existing legislation. The aforementioned was derived from the legal framework of the
United States of America. The establishment of Public Interest Litigation (PIL) was
solidified in the significant case of Husainara Khaatoon v. State of Bihar4. The Supreme
Court ruled that undertrial prisoners residing in prisons under inhumane conditions may
directly petition the court for assistance via written correspondence, such as letters or
postcards. This particular case represented a significant progression for individuals who
lacked the ability to access the legal resources of the Court independently.
The term Public Interest Litigation (PIL) was initially introduced in the landmark case of
S.P. Gupta v. Union of India 5, commonly referred to as the "Judges' Transfer Case". In
this case, a legal practitioner contested a circular that invoked Articles 2176and Article
2227of the Indian Constitution, which mandated the consent of additional judges in High

3
Indian Constitution, art. 12.
4
123 ILR 456 (Sup. Ct. India 2022)
5
AIR 1982 SC 149
6
Indian Constitution, art. 217.
7
Indian Constitution, art. 222.
Courts to be appointed as permanent judges in any other High Court without the prior
concurrence of the Chief Justice of India.

The relaxation of the requirements of locus standi and party aggrieved was a revolutionary
change brought about by the Supreme Court of India, with notable contributions from
Justices P.N. Bhagwati and V.R. Krishna Iyer. It has been acknowledged the potential for
enhancing access to justice for underprivileged and disadvantaged individuals by broadening
the ambit of standing. In this era, investigative journalism emerged as a means of uncovering
instances of government malfeasance and custodial brutality, garnering the interest of legal
professionals, members of the judiciary, and advocates for social justice.

In 1972, a committee headed by Justice Iyer was established to examine the availability of
services such as legal aid and constitutional rights education for the disadvantaged members
of society. The report titled "Processionals Justice to the Poor" examined the relationship
between inequity in the legal system and poverty, as well as the implication of PIL. Article
39A's requirement for a legal aid system is consistent with the notion that PIL should bring
the law to the people, rather than requiring the people to travel to the law.

Through Bandua M. Morcha v. UOI8, the Supreme Court acknowledged the concept of
epistolary jurisdiction, which allowed individuals to submit cases of public significance to the
courts via letter or postcard, which the court, at its discretion, would consider.
The PIL has aided in closing legislative loopholes and providing remedies, as seen in
Vishaaka v. State of Rajasthan9, and in conveying many issues, such as the environment, as
in M Mehta v. UOI.10 While PIL remains an important tool for justice and has expanded the
purview of constitutional remedies, it has also been abused on numerous occasions,
prompting the formulation of numerous guidelines to prevent its abuse.
Article 32 11of the Indian Constitution, also known as "Right to constitutional remedies" and
based on the principle "Ubi Jus ibi remedium," stipulates that citizens have the right to
petition the court through appropriate proceedings to enforce their rights guaranteed by Part
III of the Constitution. In this regard, the Supreme Court has the authority to issue writs,
orders, and directives.

8
AIR 1984 SC 802
9
AIR 1997 SC 3011
10
AIR 1984 SC 802
11
Indian Constitution, art. 32.
 Haebus Corpus

Prohibition

Mandamus

Quo Warranto

Certiorari

Types of Writs

Advocate Chaubey cited Sunila Batra v. Delhi Administration12as an example of the use of
PIL to address prison conditions in the public interest. In addition, she mentioned P.U.D.L.
vs. Union of India13to indicate that such applications liberated slave labourers.

PRECAUTIONS WHILE DRAFTING A PIL

A petition is a formal written request that specifies the basis for a legal action and the relief
sought by the petitioner(s). The initial stage in composing a PIL involves the identification
of the matter that requires attention. The matter at hand ought to possess significance to the
general public and have an impact on the well-being of a considerable number of people. The
fundamental tenet posits that solely entities possessing a genuine public interest, rather than
individuals with personal interests, ought to be the ones to submit a petition to the Court. The
concept of Public Interest Litigation (PIL) is distinct from traditional locus standi laws due to
its focus on providing remedies.
Public Interest Litigations (PILs) offer a viable means of achieving justice for marginalised
groups. However, the effectiveness of such endeavours may be compromised if the
procedural and substantive requirements of PILs are not adhered to. The judiciary has

12
1980 AIR 1579
13
AIR 1997 SC 568
established specific criteria to assess the factors to be taken into account when determining
whether to admit particular Public Interest Litigations.
Adv. Chaubey and Adv. Dua (2019) asserted that the court will scrutinise whether an
individual possesses a personal interest in the matter or not. In principle, Public Interest
Litigations (PILs) ought to be devoid of any personal interest. Nonetheless, judicial
exceptions have been established, as exemplified by the Shayara Bano v. Union of India
case14. Moreover, it is imperative that the Public Interest Litigation (PIL) does not exert any
influence on the resolution of any existing conflict concerning the petitioner.

According to Adv. Chaubey, the judiciary has established a three-part examination to

ascertain whether to initiate a petition under Article 32 or 226. The Supreme Court is to be
approached under the following circumstances:
1. If the matter pertains to a nationwide impact, such as contesting a federal law.
2. If the matter in question poses a challenge to the legal provisions of two or more
states.
3. If relief is being requested from multiple states.
In all other cases, the HC should be sought for specific area or state.

As directed by the SC Registry, the substance of the section must be included on the
Proforma for First Listing (PIL). SC laws stipulate the format for writing a PIL, which must
be followed precisely.

The Synopsis of the PIL must include the reason for the party's presence, the reason why
the party is aggrieved, the reasons why the opposing party's action is a violation of the
Constitution, and a summary of the pertinent facts. It is essential that it be concise, as the
court will serve the notice if the justices find cognizance in the summary.

A crucial component of the PIL is the body of the writ:

Paragraph 1: Specifies what the PIL challenges, the challenged article, and the relief
sought.
14
[(2017) 9 SCC 1]
 Paragraph 1A: petitioner's name, occupation, and background information. The
petitioner's preceding case list must also be included. It is essential to include a statement
that the petitioner has no personal interest in this matter.

The substance of the petition should contain the pertinent facts, and supporting
documentation should be attached. The opinion of the petitioner should be included in the
draught. The grounds are included in the writ's body's final section.

The prayer must reflect the header of the PIL and seek precisely what is specified in the
heading.

The writ will includes an affidavit and attachments. Then, if applicable, ancillary and
extraneous applications must be filed, followed by the "Vakalatnama."
A significant document, Item 42, which contains the Registered Certificate or ID proof of
the body/person filing on the behalf of the community and Authorization letters which is
authorizing the filing need to be attached.

An action against the government should be filed only if doing so will serve the public
interest, not a personal one. Respected advocates stressed the importance of a well-written
prayer for relief. The petitioner's remedy request should be stated clearly. It must clearly
address the petition's legal issues. A well-organized petition was also considered. They
suggested dividing the petition into parts that addressed different issues and flowed neatly
into one other.
While drafting, Adv. Dua highlighted a number of nuances and precautionary measures.
The applicant cannot omit a date of an event that goes against him; rather, he must include it
while wording it favourably. As citizens are only aware of what is available in the public
domain, one must only use publicly accessible data and information. One must substantiate
their claims with copious amounts of evidence, as this strengthens the PIL.

ADVISORY

Before preparing a PIL, it is recommended to consult a lawyer. A competent attorney can

recommend the best course of action and ensure that the PIL is submitted accurately.
Drafting a petition is a crucial process that requires careful evaluation of a vast array of
 SC objectives to frivolous PIL

India's courts are already overburdened with numerous cases. Consequently, filing spurious
lawsuits would only add to this burden. Therefore, it is essential for advocates to provide
guidance to clients who desire to register a PIL based on the nature of the PIL. The
court may assess costs against the petitioner if the petition is deemed frivolous and wastes
court time. In order to avoid overburdening the court, it is essential to determine if a
petition's subject matter is already being heard by another court; if so, filing an intervention
petition would suffice. Similarly, determining the necessity of filing a transfer petition
would reduce the court's workload.
In addition, in order to file a PIL with a High Court, two copies of the petition must be
submitted, as well as evidence that each respondent was served with an advance copy of
the petition, which must be attached to the petition. When submitting a PIL to the
Supreme Court, five copies of the petition are required.
 PARTS OF THE PETITION

A PIL petition contains numerous sections, including subject matter, a petition body, a
request clause, and optional annexures. While discussing in depth the essential components of
a PIL, the eminent advocates emphasised the importance of planning the petition's structure
in advance and adhering to a logical flow.

Subject Matter

Filed by an Advocate on record

Court Fees

Index

Listing Proforma

Synopsis

List of Dates

Details of Petitioners and Declaration

Question of Law raised via petition

Grounds

Prayer

Annexures

1. STATEMENT OF JURISDICTION
2. SUBJECT MATTER
The first page is an introduction that includes the name of the court where the petition
is submitted (Supreme Court or High Court of a state), the litigants (e.g., XYZ v.
UOI), the article under which it is filed (art. 32/226), the petition number, and the
application number of the interim reliefs sought.
3. FILED BY AN ADVOCATE ON RECORD
Is necessary, especially important when filed before the SC.

4. COURT FEES
In the Supreme Court, a Rs. 500 fee must be attached to each petition. The court fees
for each state's high court vary.

5. INDEX
Is crucial to include because it facilitates simple navigation of all petition sections,
including annexures.

6. LISTING PROFORMA
It includes basic information about the case, statutory acts, laws, and rules relied on
(e.g., article 21 of the constitution), nature of the matter (e.g., civil matter), petitioners
and respondents (e.g., names, numbers, email ids), and petition classification. All
petitions are categorised and subcategorized. Even for a Special Leave Petition,
categorization is vital. Next, these classifications are explained.
Judges who should not hear this petition. This clause eliminates judicial prejudice
while determining a petition. (if worked with the judge before or if the petition is an
appeal, the judge who made the initial ruling if elevated to SC judge).

7. SYNOPSIS
The judges only read the summary, thus this portion is crucial. Thus, the summary
must capture the petition's main points without leaving out crucial facts, law, or
remedies. Include these:
- The article under which the petition is submitted
- Reason for submitting the petition
- Background of the petitioner
- Details of the petitioner's concerns
- Actions done to contact the responsible executive to notify about the problem
along with the evidence included in the annexures.
- Executive answer with evidence in the annexures
- The summary should conclude with the requested writ.
8. LIST OF DATES
Every event that led to the submission of the PIL must be detailed. Even if the event is
not advantageous to one side, the petitioners argue, it should still be included.

9. DETAILS OF PETITIONER AND DECLARATION

It is of the utmost importance that the petitioner's information be provided and that
copies be included in the appendices. The information contains the following:
- Name
- Father's Name
- Occupation
- Email
- Mobile Phone Number
- Aadhar Card Number
- Annual Income
A declaration of the petitioner's intentions and initiatives regarding the subject of the
petition is also required. This assists the court in ruling out the possibility of an
ulterior motive.

10. QUESTION OF LAW

It is essential to precisely enumerate the legal issues raised by the petitioner that must
be considered by the court. Given that the petition is lodged in the public interest, it is
essential that the questions of law raised be of general public importance. It is
typically a comprehensive question, i.e., one that affects a large number of people, as
opposed to an individual/narrow question regarding personal/individual claims/reliefs.

11. GROUNDS
This could be considered an extension of the synopsis. After raising the questions of
law that require the court's consideration, it is necessary to provide a detailed
explanation of the petitioner's grounds for requesting the same or claiming some form
of relief. The conclusion's petition should be supported by these arguments.
Generally, the advocate's arguments are founded on these premises.

12. PRAYER
 The ultimate purpose of a petition is the relief it seeks; therefore, this is the most
crucial section of the petition, as it demonstrates the reliefs claimed by the petitioner.
The writs requested should be stated explicitly and without ambiguity.

13. ANNEXURES
Consists of the petitioner's Affidavit and substantiation, the Vakalatnama, copies of
pertinent documents, photocopies/screenshots of relevant evidence, etc.

14. IA No. AND FILING MEMO

15. VAKALATNAMA

PROCEDURAL ASPECTS AND PRACTICES INVLOVED

It is important to understand the practices and procedures involved before filing a petition
before moving on to understanding the parts to be included in a petition.

Representative/ Private
Surrogate Interest
Interest

Classification on the basis of ‘interest’

Individual From letters/

Actual Pettions
Petitions Complaints

Classification on the basis of how the petition was

brought about

The vast majority of PILs are initiated through writs, such as habeas corpus, certiorari,
mandamus, prohibition, and quo warranto. PIL relaxes the concept of locus standi, enabling
the public to file petitions not only for their own benefit but also on behalf of a community
whose rights were violated.
Identifying the public's interests in relation to issues such as fraud, prejudice, and other
concerns is one of the initial and most essential stages. After establishing public interest and
designating the affected community, a PIL must be initiated in accordance with Article 32
before the SC or Article 226 before the HC.

PIL cases are recorded in the same manner that writ petitions are. Two copies must be
submitted with the High Court when submitting a PIL, while five copies must be filed
with the Supreme Court. The petition must also include a document of service proving that
it was sent to the opposing parties in advance. The petition must subsequently be
accompanied by a Court fee of Rs. 500 per listed party.

Adv. Chaubey said petitions must be submitted in English. Thus, a court-appointed

translator translates the papers. Due to time constraints, the petitioner may request a court
extension to translate the papers. Only registered advocates may petition. PILs are Writ
Petitions, hence the court costs of Rs. 500 apply.

Justice Bhagwati's early 1980s PILs were notable for the Court's investigative role.
Judges formed investigation panels to monitor the Court's and their own recommendations.
PIL judgements typically award costs and lower petitioner fees. Even little expenditures were
reimbursed to the petitioner in recognition of his civic service. The Court has granted ex
gratia awards at its discretion.

Intervention applications allow appellants to participate. Interveners may acquire petitioner-

produced papers under O.XVII of Supreme Court Rules, 2013. A third party may verify
justice in procedures.

When identical matters in the form of writ petitions are pending in two or more High Courts,
petitioners are encouraged to consolidate the writ petitions in order to avoid multiple
proceedings, the burden of litigation, and conflicting or divergent judgements.
Consequently, an intervention application (IA) may be submitted to convey the consolidated
petition to the Supreme Court. Advocates frequently initiated petitions, but petitioners-
organizations or individuals-were frequently unable to retain competent legal representation.
When no counsel was available to represent a party in court, the courts sought assistance
from amicus curiae or legal aid organisations.
The lack of any hidden agenda is a factor that is taken into consideration as a significant
metric. PIL filers should seek justice for others. Any other personal motivation would deny
the PIL and cost the petitioner.

Before filing a PIL with an HC or SC, the petitioner must first notify the relevant executive
of the complaint and allow them to address any infringement. If the executive does not
help, a court may file a PIL.

In addition to this, PILs may include information obtained via the use of an RTI. Before
filing a PIL, the petitioner should notify the executive and give them an opportunity to fix
any issues. Except for Habeas Corpus PILs.

CONCLUSION

The report references Advs. Roohina Dua and Akriti Chaubey's lectures. PILs guarantee that
socially and economically disadvantaged people obtain justice, whereas writ petitions have
historically prioritised basic rights. During the COVID-19 pandemic, PILs were filed to help
migrant workers and transport medical supplies and equipment. PILs have diverged from
their original principles and aims due to the growth in frivolous and personally motivated
PILs filed and rejected by the Courts and procedural and technological deficiencies.

History and significance of PIL, its constitutional foundation, jurisprudential development,

and defects are my main takeaways from the lecture, which facilitated a scholarly
discussion. The format and contents of a PIL, as well as the submission procedure and
requirements, were also explained to me. Due to the fact that both presenters were
knowledgeable about PILs, a real PIL was used to demonstrate their expertise to the
audience, and discussions about its application in practise enabled me to gain a deeper
appreciation for PIL. The lectures were fruitful and provided attendees with valuable insight
into the realm of writs and PILs.
 Protection
of Rights
and
engaging
citizens

Discoraging
the misuse
of PIL

Allowing
legitimate
PIL Cases

Challenges

Public Interest Litigation (PIL) in India has raised awareness of social concerns and taken
legal action to improve society. PILs confront shortcomings like any system.

1. Misuse of PILs: One challenge is the potential misuse of PILs for personal or
political agendas rather than genuine public interest. Some PILs are filed without
study or with ulterior purposes. To remedy this problem, courts might require PIL
petitions to show real public interest and legitimate reasons before approving them.
2. Delayed Proceedings: PIL lawsuits frequently have lengthy legal proceedings. PILs
may be less effective. PIL courts or fast-track methods may address this issue. This
would speed up and resolve judicial procedures.
3. Lack of Legal Awareness: Many people, especially marginalised populations, are
unaware of the PIL system and their rights to justice. Education, community outreach,
and simplified legal materials may enable individuals to file PILs and pursue social
justice.
 Innovative Solution: A way forward

1. Specialised PIL Courts: Create courts with public interest litigation judges. These
specialised courts would prioritise PIL matters and resolve them quickly, eliminating
PIL backlogs.
2. Proactive Judicial Outreach: Judges visit communities to teach residents about PILs
and their rights. Awareness, empowerment, and real PIL filing would increase.
3. Foster connections between courts and public-interest civil society organisations:
This cooperation offers knowledge, resources, and assistance for PILs.