Chaitanya AwasthiAIR 37 · CSE 2022 · 332 wordsTheir whole copy
Opening · a date or context
PIL originated in 1960s in USA to represent the unrepresented. In India, PN Bhagwati, J. and Krishna Iyer, J. ushered the practice through their judicial pronouncements in 1980s.
PIL entails relaxation of traditional locus standi to enable any public spirited citizen/organization with sufficient interest to raise concerns of a section of society who are unable to do so due to poverty/ignorance / socio economic backwardness.
The SP Gupta Case attributed the following virtues to PIL:
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(1) Vindication of Rule of Law (2) Effective Access to Justice (3) Meaningful realization of Fundamental Rights.
PRINCIPLES OF PIL : (1) Strategic Aim of Legal Aid (2) 1998 SC guidelines for Scope of PIL (3) Relaxed procedure to empower those who can't knock on Court's door (4) Collective rights - private realm only when necessary. (5) Prima facie satisfaction of Courts necessary.
However, SC itself observed the worrying trends in PIL misuse and remarked that it is not a panacea for all wrongs. Supreme Court asserted that it should not be allowed to become "Personal Interest Litigation or Publicity Interest Litigation" to settle private enmity, harass administrative officials, stall developmental work etc.
To prevent abuse of PIL, Supreme Court in Balwant Singh case formulated Misuse Guidelines for PIL: (1) Encourage genuine petitions, curb vested interests.
-> Provide voice to voiceless -> Safeguard fundamental Rights -> affordable Justice -> increase accountability of govt
Issues associated with PIL which have led to:
- Personal Interest Litigation
- Politicization of PIL
- Tool of harassment
- Publicity stunt
- Increase of Frivolous case
(2) Each High Court to formulate rules (3) Prima facie verification of Petitioner's credentials. (4) Substantial Public Interest ought to be involved (5) Impose exemplary costs to curb frivolous and motivated petitions. (6) Observe judicial restraint and restrict to matters within competence.
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PIL is an empowering tool to infuse equality in judicial accessibility. However, as Dr. Ambedkar rightfully said, "Character of an institution (or process) is only as strong as that of the person occupying it."
1 more topper’s answer to this question, part by part, and how they all approached it: open the question.