Question 20Analyze and evaluateGS2GS1

उच्च न्यायालय का दायरा "संवैधानिक मामलों" से हटाकर दिन-प्रतिदिन के मामलों तक बदलाव के लिए उच्च न्यायालय की भूमिका क्या है? उच्च न्यायालय के समग्र बोझ को कम करने में परीक्षण न्यायालयों की भूमिका क्या है? / To what extent can the PIL system be held responsible for shifting the focus of the Higher Courts from "constitutional matters" to day-to-day matters? What role can the trial Courts play in reducing the overall burden of higher Courts?

Introduction

Public Interest Litigation is conceptualized on the principle of non-litis-standi and democratise the judicial appeals to ensure social justice.

19 words

Main Body

PIL's => Responsible for shifting focus of higher courts:

(A) Yes, the PIL's have shifted focus from constitutional matters

1Increase in no of petitions filed in regard to PIL routine matters, primarily in ambit of lower courts.

Eg: RTI for school data petition in supreme court.

2Removal of locus-standi principle has led to democratisation in access to higher courts.

3PIL's have also increased the work load of higher judiciary to conduct routine investigation =>

(B) No, PIL's have not shifted focus:

1PIL's have made routine frictings into important constitutional matters.

Eg: PIL => Hussainara Khatoon case => right to speedy trial under Article 21.

2PIL's have helped the judiciary to keep pace with charging nature of grievances.

Eg: MC nikita case => Followers' Pay principle.

Role of trial courts in reducing burden on judiciary:

1Quick decision-making, with narrow area of specialization.

Eg: Women's case => Women's trial courts.

2Necessary experience and resource to deal with specific sets of cases.

Eg: Electoral => Election disputes trial courts.

3Streamline the functioning of judiciary, by judging [illegible] on higher courts.

4PIL's can also be handled to local courts, to that routine cases can be handled by all courts.

5Helps address the pending tendency of cases and burden on judiciary. Therefore, effective and statural trial courts can help in reducing [illegible] burden of judiciary, provided that it actor-focused, independent, pre of bureaucratic procedures and efficient.

241 words3 paragraphs

Conclusion

Therefore, effective and statutory trial courts can help in reducing the overall burden of judiciary, provided that it actor-focused, independent, free of bureaucratic procedures and efficient.

26 words

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Page 50

Topper

Ritika Chitlangia

Subject & Paper

GS2GS1

Topic

Constitutional Law

Public Interest Litigation

PIL and Judicial Workload

Writing Stats

286

Total words

Paragraphs

formal, analytical

Tone