Tuesday, September 20, 2011

Public interest litigation (PIL) has undergone several changes since its inception in 1980s. 20 marks

By Bharath Vaishnov · Last edited about 3 months ago

PIL is one of the important innovations of indian judicial
system. Justice bhagwati is considered as the father of PIL. PIL was initially
meant to serve those who couldn’t get access to justice. PIL allowed a person
or organization to demand for justice for a certain section of public even if
the person/organisation had no locus standi

Over a period of time, PIL has become an important tool for judicial activism.
Innovation have enlarged the scope and impact of PIL. PILs have strengthened
social movement. It has become an effective instrument for

a) Fighting corruption and

b) To move the files in government offices

However there is a need for the court to maintain restraint while dealing with
PILs. The recent instances of court giving directions to executive and
legislature on basis of PIL are uncalled for. Such actions amount to violation
of the checks and balances provided in our constitution. This may lead to
judicial adventurism and may further lead to judicial dictatorship.

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