To what extent can the PIL system be held responsible for shifting the focus of the higher Courts from “constitutional matters” to day-to-day matters? What role can the trial Courts play in reducing the overall burden on higher Courts?

PILs → shift of focus

1. leads to judicial activism and involvement of judiciary in day to day matters

   • pollution in delhi post diwali

2. PILs are misused for own publicity by some advocates

3. PILs are filed for frivolous cases also.

4. all this decreases time with higher judiciary to hear constitutional matters and increases delays and pendencies.

   • 4.5 cr + cases pending in judiciary. average time to resolve case in HC is 5yr.

But at the same time,

All of which have constitutional significance and are not mere day to day matters.

Role of Trial courts Out of the total pendency 80% → trial courts, therefore they can play a major role in reducing burden on higher courts.

1. faster resolution of cases.
2. drafting quality judgements so as to ensure justice and avoid tendency to file for appeal with the higher court
3. fill vacancies to ensure optimum functioning

(e) nearly 24% vacancies in post of judges in trial courts

(4) adopt technology to digitise court proceedings

(5) build requisite infrastructure for judges & support staff to improve functioning

(6) improve gender representation by addressing issues of discrimination and lack of facilities like washroom.