Prelims Level
Mains Level
  • The Supreme court of India stated that Public Interest Litigation are there for people who cannot afford to approach the courts.
  • A House Member bench dismissed the PIL formed by former Navy Chief admiral and said that PIL is for the poor.

What is PIL?

  • It means that a Legal action initiated in a court of law for the enforcement of public interest or general interest in which the fundamental right/rights have been violated or the legal right’s affected.

Background:

  • Justice Bhagwat and Justice Krishna Iyer were the architectures of Public Interest Litigation.
  • It was only confined to the poor, Bonded labour, semi-skilled or unskilled labours who cannot afford to pay a court fee.
  • Some of the Under pinning facts that the PIL should not be politically motivated.
  • One Must not have an alternative way of getting justice, it so he /she should not opt. for PIL.

The Present-Day Scenario:

  • There is no standard operating procedures for PIL, and in case they exist they are not properly followed by the respected courts. The Advocates who have mastered the guidelines will find alternative way to circumvent.
  • During the start of 21st Century, the scope of PIL was increased and as a consequence ‘ Judicial Activism” i.e. court started intervening in policy matter’s which should be taken care by the legislatures.
  • To some extent PIL has become a total of mass abuse, the court’s either High court or Supreme Court, have more pendency of PIL by the poor people these court new PIL. In fact court should abstain from accepting.
  • To overcome PIL misuse the court started fining heavily.

Drawbacks

  • As PIL is a matter of Judiciary the parliament cannot pass any laws, or make rules and regulation’s of frame guidelines.
  • The court has performing work like a police station, interfering in day to day works.
  • Multiple PIL has been filed for some issue in different high court’s
  • People or NGO’s or anyone instead of going to police station and filing FIR has started using PIL as a gateway for Justice.
  • There are instances that big corporates and MNC’s use PIL as a weapon to delay or thwart government policies.
Share Socially