The judge observed that PILs, originally meant to advance social justice and improve access to justice, are increasingly being misused as private, publicity, political and even paisa interest litigations.
About Public Interest Litigation
- Definition: It 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.
- Origin: PIL concept began in the late Nineteenth Century in the United States, with the landmark Gideon's case forming its foundation.
- Efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental in initialization of PILs in India.
- In India, first reported instance of PIL is when Justice Bhagwati ordered release of 70 undertrial prisoners in Hussainara Khatoon Case, 1979.
- The Supreme Court and the High Courts have the right to admit PILs under Articles 32 and 226, respectively.
Challenges
- Misuse of PIL: PIL has often been used for publicity purposes, personal gains, vendetta politics, thus weakening public trust.
- Burden on Judiciary: PIL cases are often prioritised over ordinary pending cases, increasing pressure on courts and delaying other matters.
- Judicial Overreach Concerns: PIL has faced criticism for the judiciary overstepping its jurisdiction and facing difficulties in ensuring implementation of its orders.
- Others: Frivolous Litigation, Abuse of liberal locus standi etc.
