Judicial activism is gaining prominence in the present days. Judiciary has become the centre of controversy, in the recent past, on account of the sudden Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation.
The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive role in the arena of litigation.
They try to utilise this extraordinary remedy, available at a cheaper cost, as a substitute for ordinary ones.
This mini article briefly narrates the ill effects of the emerging malady and possible remedies.
Justice without force is impotent; force without justice is tyranny - Pascal in Pensees. There are times when even justice brings harm with it - Sophocles in Electra. Injustice anywhere is a threat to justice everywhere - Martin Luther King,Jr.
Till s and seventies, the concept of litigation in India was still in its rudimentary form Public interest litigation in india essay was seen as a private pursuit for the vindication of private vested interests.
Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. Even this was greatly limited by the resources available with those individuals. There was very little organised efforts or attempts to take up wider issues that affected classes of consumers or the general public at large.
The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.
Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: Prior to s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved party.
In other words, only the affected parties had the locus standi standing required in law to file a case and continue the litigation and the non affected persons had no locus standi to do so. And as a result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on the other.
However, all these scenario gradually changed when the post emergency Supreme Court tackled the problem of access to justice by people through radical changes and alterations made in the requirements of locus standi and of party aggrieved. And as a result any citizen of India or any consumer groups or social action groups can approach the apex court of the country seeking legal remedies in all cases where the interests of general public or a section of public are at stake.
Further, public interest cases could be filed without investment of heavy court fees as required in private civil litigation.
In Public Interest Litigation PIL vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this.
Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.
However, the development of PIL has also uncovered its pitfalls and drawbacks. As a result, the apex court itself has been compelled to lay down certain guidelines to govern the management and disposal of PILs. And the abuse of PIL is also increasing alongwith its extended and multifaceted use.
Of late, many of the PIL activists in the country have found the PIL as a handy tool of harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.
Just as a weapon meant for defence can be used equally effectively for offence, the lowering of the locus standi requirement has permitted privately motivated interests to pose as public interests.
The abuse of PIL has become more rampant than its use and genuine causes either receded to the background or began to be viewed with the suspicion generated by spurious causes mooted by privately motivated interests in the disguise of the so-called public interests.
With the view to regulate the abuse of PIL the apex court itself has framed certain guidelines to govern the management and disposal of PILs. The court must be careful to see that the petitioner who approaches it is acting bona fide and not for personal gain, private profit or political or other oblique considerations.
The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives.
Political pressure groups who could not achieve their aims through the administrative process or political process may try to use the courts through the means of PILs to further their closely vested aims and interests.
There may be cases where the PIL may affect the right of persons not before the court, and therefore in shaping the relief the court must invariably take into account its impact on those interests and the court must exercise greatest caution and adopt procedure ensuring sufficient notice to all interests likely to be affected.
At present, the court can treat a letter as a writ petition and take action upon it. But, it is not every letter which may be treated as a writ petition by the court.Public Interest Litigation In India Law Essay Published: December 1, Public interest litigation (hereinafter 'PIL') was the innovation of not the Legislature but the Judiciary.
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sort by course number. Write an essay on Public Interest Litigation (PIL) Article shared by During the eighties, the Supreme Court of India introduced the concept of Public Interest Litigation (PIL).
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