All PILs are Focused on Policy Matters Now, Genuine PILs are Being Missed: CJI | Current Affairs | Vision IAS
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All PILs are Focused on Policy Matters Now, Genuine PILs are Being Missed: CJI

Posted 21 Oct 2024

2 min read

Concern regarding misuse of PIL was raised while dismissing a PIL asking the government to set up an independent body to regulate content on OTT and other platforms. 

About PIL

  • Defintion: PIL broadly refers to the litigations, filed by a party without any ‘locus standi’ (i.e., the party who is not aggrieved), to protect the general public interest.
  • Genesis:
    • In ‘Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai 1976, the SC relaxed the principle of Locus Standi for the first time thereby paving the way for origin of PIL. 
    • Hussainara Khatoon v. State of Bihar, filed by an activist lawyer regarding the inhuman condition of the prison, was the first PIL in the country.
  • Significance: It brings justice to people who are ignorant, indigent, or illiterate.

Misuse of PIL 

  • As PIL is not been defined in any act, there have been many instances of abuse of this practice. 
  • Hence, in State of Uttaranchal vs Balwant Singh Chaufal & Ors, 2010 Case the SC issued eight directions to High Courts to preserve the purity and sanctity of the PIL (Refer to infographic).

 

Image showing Directives to HC to ensure PILs are not misued. Key directives include- Encourage genuine and bona fide PIL; Formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives; Verify the credentials of the petitioner; Check the correctness of the contents; Ensure substantial public interest is involved before entertaining the petition; Give priority to petition which involves larger public interest, gravity and urgency; Ensure there is no personal gain, private or oblique motive; Adopt novel methods including imposing exemplary costs to curb frivolous petitions.
  • Tags :
  • Supreme Court
  • Public Interest Litigations
  • Mumbai Kamgar Sabha v. Abdulbhai Faizullabha
  • Hussainara Khatoon v. State of Bihar,
  • Locus Standi
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