Problem facing Public Interest Litigation in India

Prior to current judicial system suits were heard just from those gatherings which were directly influenced for the matter. The bulk of citizens were unaware of their legal rights. Public Interest Litigation (PIL) had changed the entire traditional system of the aggrieved party. It can give remedy to a larger mass of population altogether. The motive behind the creation of PIL is to provide remedy to the Public at large. In spite of these characteristics and need of the Public Interest Litigation, it has faced a number of draw backs in India.

In this blog I am going to discuss regarding the topic Problem facing Public Interest Litigation in India

Some of the draw backs which could be traced are as follows:

The Untrustworthy PIL Activist

The untrustworthy PIL activists all over the Nation have played an important role in bringing the drawbacks of PIL in India. Many a times it had been found that they had not played the role they should have played in the case in concern. Many a times the Court while deciding a matter where of the view that the matter raised does not come under the public interest at all. It could be an effect from a personal grievance. For some of the activists the PIL becomes an way of carrying legal procedures the way they should have carried in case of a private civil matter.They do not remain firm and practical in dealing with the matters.

Publicity motive

There are evidences where just like the untrustworthy PIL activists there is a publicity motive which affects the procedure of PIL. Often it is found that the main motive behind the Litigation is not the fair justice but a way or means to get popular or for coming into limelight. Often baseless allegations are made to come in front as a publicity stunt.

Separation of Powers

In Indian Constitution a strict Doctrine of separation of power is not incorporated. The power of judicial review cannot be included to check the powers of other organs. PIL in practice tends to narrow this specific quality. It itself is a matter of question that whether to function in a particular matter or not for the Judiciary.

The flexibility of procedure

The flexibility procedure of PIL is another feature which is responsible for its drawback. Haphazard methods of accepting the PIL petitions, creates a number of confusions among the people. The procedures being carried out here is not in a flexible and smooth way. It gives the other side enough space and opportunity to answer the specific and precise issues. The direction issued in the PIL sometimes raises a question and as well as affect the creditability of judiciary. It is found that often it is unable to check its compliance. The actual aggrieved do not get a speedy remedy and justice.

Judicial adventurism

There has been instances where the judicial adventurism has violated the separation of powers enriched in Article 50 of the Constitution. Often it is found that the administrative issues are not brought before the competent authority. It lacks and raises a question of Functioning of area.

The Creditability of PIL Process

It has been progressively being felt that PIL is being abused by the individuals for private complaints and motives instead of embracing open reason. The legal executive many a times is confused about the working of the strategy of its mechanism. The judiciary is itself concerned into the policy making arena for its compliance with its order. Its serves no purpose to issue mandamus or declaration that can remain only on paper. Though the Supreme Court passes interim order for relief rarely is a final verdict given and in a large proportion of the cases the follow up is poor. It has ended up in unattended and unfinished cases.

Social and political problem

The frequent issues of the social and political problem also threaten the stability and prestige of the lawyers and judges. They have to make policies which either they are not suppose to or is unfit for them. The legal principles of a judge might get affected without himself being into a political accountability. At certain times hard decisions are to be made. They tend to give contradictory judgements.

Though the Public Interest Litigation is helping out a large number of people. Many a kind of decisions are being passed. It is also expanding to newer areas but it appears that it is lacking from the goals and motive for which it was made. A number of questions regarding it’s malfunction arises. The obedience of the orders is still now a big area of concern between the courts, petitioner and the government. Public Interest Litigation is like a weapon which should be cautiously used to balance the constitutional system and give the maximum possible relief to the public at large. The court shall also not promise to carry out relief to avoid making people lose the new enchantment that they are quickly developing about the Supreme Court of India.