(GLOBAL) - The concept of PIL is introduced in society with the idea of keeping the society justice centric, the PIL is very much part of the constitution of India and is serving as a legal mechanism which is run by individuals or groups or even non-profit organizations to file petitions in high courts and the Supreme Court to protect the interest of society or work towards the larger interest such as environmental safety, human rights or social justice.
The purpose of Public Interest Litigation is to protect the public at large, and target issues like pollution, terrorism, road safety, labour rights and construction hazards as well.
The Legal basis for filing PILs was introduced under Article 226 of the Indian Constitution before the High Court of any State and Article 32 in the Supreme Court of India.
The current dilemma:
The central government, currently headed by PM Narendra Modi, has argued before the Supreme Court to completely remove PIL as a concept; the Centre has critically argued that the PIL has been taken advantage of and is just agenda-driven.
The Centre’s plea is only that the power to file public interest litigation is being misused and is taken advantage of by people who have an agenda-driven approach and are taking extreme advantage of such a procedure. With the advancement of the victim-centric justice delivery system, the PILs have been misused and have led to a large number of petitions being filed under the name of public interest litigation.
The 9 Judge bench of the Supreme Court of India clearly mentioned that the concept cannot be eradicated; however, the concept of PIL is being used with extreme caution and care. The PILs mentioned before the Supreme Court are admitted with extreme care and are entertained only when there is sufficient substance in the matter.
However, the Centre has been arguing for the removal of PIL as a concept, as it leads to judicial overreach and imposes a massive burden on courts by creating frivolous cases, diverting the country's financial resources, and keeping urgent matters on hold to attend to PIL matters.
It is important to note the fact that there has been a substantial increase in the number of PIL’s that are being filed before the Supreme Court of India. From 25000 PIL filings per year in 1985 to 70,836 PILs in 2019 clearly denotes that only a few of such petitions are in the interest of justice and are genuine.
What is Wrong with PILs?
The concept in total was to ensure that the needy or illiterate could access justice when any of their rights are violated. But with litigation booming and the justice delivery system being enhanced with free legal aid and much more awareness in society, the PILs are being misused.
The issues have changed today; people have been filing frivolous cases to gain popularity and political gains, which is against the concept of PIL itself. There has been a lack of sufficient cases, as cases are not being filed in the interest of the public but to achieve personal gains and benefits, which is against the concept of natural justice.
Judicial Approach
The Indian Judiciary has mentioned that they have been very cautious while filtering out the public interest-driven petitions in PIL matters. The supporters of the PIL have been arguing that the PILs also act as a catalyst between the judiciary and the voiceless, as PIL’s have helped in environmental protection, in disaster-related cases, in custodial deaths, and have overall created an impact in judicial activism which cannot be removed from society overnight.
To add to or correct any information in this report, please contact me at vrinda@lead4earth.org.
0
0
Comments