To what extent can the PIL system be held responsible for shifting the focus of "constitutional matters" to day-to-day matters? What role can the trial Courts play in reducing the ever-burden upon higher courts?
Main Body
PIL (Public Interest Litigation) is a system in which any public spirited individual can approach the court for enforcement of fundamental rights even without locus standi. While PIL is proposed with good intentions, it has often been used and termed as "publicity litigation". Shift to which PIL is responsible for shifting focus: (1) Offer frivolous PILs are filed to gain publicity and limelight. (2) Each PIL diverts courts' attention from key constitutional matters. (3) Too many PILs often increase burden on executive as well to respond to court notices.
Shift to which PIL is responsible for shifting focus: (1) Delay in urgent needs and large vacancies. Lay 4000+ posts out of 1100 vacant in High courts. However, there are other reasons as well: (2) Limited infrastructure of court to hear disputes and cases online leads to delays. (3) Delay on part of investigative agencies, executive to study expert witnesses. (4) Lower courts often hesitate to quash bail leads to cases piling in higher court. Positive Role of PIL: Protection of citizen's fundamental rights under Writ of Justice, Declared Harmandarth. (2) Arrested Reforms: Stating down of electoral bond scheme due to lack of transparency.
Utkarsh Yadav
Executive, Judiciary, Ministries and Pressure Groups
Public Interest Litigation
PIL and Constitutional Matters
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