Public Interest Litigation (PIL) was introduced as a valuable mechanism to redress the problems of the neglected, helpless and marginalized sections of society. It was started with a very good intention to help the poor people of the country for their rights. But now it won’t be wrong to call it from a ‘Public Interest Litigation’ to a ‘political interest and private interest litigation’, because the ones who need it are not aware of it, and Indian Judiciary is tired of rejecting irrelevant requests since people started to misuse it for personal and political interests. There are plenty of cases where the court finds it was misused. However, court reserves all the rights to reject it in case people or entity fails to prove that petition is being filed for public interest and not as a frivolous litigation for personal gain. People have also started to use it in personal interest to get publicity. Though Court has declared many a times that if we do not control Public Interest Litigation in a proper way then it will become a weapon to gain publicity, personal interest, people will use it to take revenge for political interests. Which we can clearly see in recent cases. Before going into the matter lets understand what is it? How it came into the picture? Why was it introduced? Is it in danger?
What is Public Interest Litigation:
PIL is a legal horizon which works actively for the public interest, if it is felt that public and people demands are being ignored and undetermined by the government then Supream Court directly accepts the petetion by the public to enforce a cource of action and direct the goverment to act in public interest. Public interest litigation gives a wider description to the right to equality, life and personality which is guaranteed under part III of the Constitution of India.
How it came into the picture in Indian Context?
The first petition was filed in 1979 regarding the condition of prisiors in the Bihar jail because their suits were pending. It was filed by a group of prisoners by the name of the prisoner, Hussainara Khatoon, hence the petition came to be known as Hussainara Khatoon Vs State of Bihar. Because of this case 40,000 prisoners, whose suits were pending in the court, were released from the jail. There after many cases like this have registered in the supreme court. Later on, Supreme court gave it the name”Public Interest Litigation” in the Indian Context.
After 1980 and emergency era, high court reached out to the people, described the means of how the people and the public can approach it for their help and justice specially when public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.
When did it get tough for the Goverment to implement SC’s order?
There were many instances when going with CJI was not that easy for example in the year 2010 when the Supreme court ordered to stop public transport buses running without CNG with immediate effect, when the situation got worst then the Delhi Goverment went against it and started buses in Delhi.
Has Congress forgotten the speech of Ex Prime minister Manmohan Singh?
In 2008 Manmohan singh expressed his view on misusing The Public Interest Litigation, he said “Many would argue that like in so many things in public life, in PILs too we may have gone too far. Perhaps a corrective was required and we have had some balance restored in recent times”. It seems like Congress has forgotten its’ senior most person’s words or else recently what made them use the PIL in poltical interest. Reaching to Supreme court with the plea to investigate the death of Justice B H Loya against BJP President Amit Shah behind the Public interest litigation, which was rejected by SC saying judge’s death was “bereft of any truth”, that it was an attempt “to malign the judiciary”.
Is Judiciary of India in great Danger?
SC’s four most senior judges had a press confrence to speak against Chief justice of India, this division is itself a big danger for the Indian Juduciary. Seems like Judiciary is divided with our Indian political parties.
Indian Judiciary is in great danger. Whether BJP is influening the CJI’s decision in case of BH Loya or Congress is threatening to overcome it by removing CJI, in both the cases Judiciary became a ground of Political plays. Its seems more likely revenge petition area for political parties.
Latest posts by Dhruvananda Singh (see all)
- Characters from Indian Mythology who were way ahead in Gender Fluidity! - August 21, 2018
- Swastika! How A Symbol of Fortune turned into Symbol of Hatred? - August 13, 2018
- Gau Raksha and Religions! What Swami Vivekananda had to say about Gau Raksha? - August 3, 2018