Public Interest Litigation In India: Historical Evolution, Contemporary Misuse, And The Path Toward Reform
- IJLLR Journal
- 1 day ago
- 1 min read
Raman Goyal, BBA LLB (Hons.), Amity Law School, Amity University Uttar Pradesh
ABSTRACT
Public Interest Litigation (PIL) has been found to be one of the most important developments in Indian jurisprudence, which has revolutionised the concept of locus standi, providing a greater degree of access to justice for marginalized of society. The development of PIL has been a result of a proactive role played by Indian courts, especially during the late 1970s and 1980s, when there was a felt need for a more liberal approach to be taken for the enforcement of fundamental rights. Since then, PIL has been at the core of addressing various contemporary problems, such as protection of the environment, violation of human rights, bonded labor, custodial violence, and failure of government.
However, in recent times, PIL has been found to be misused for filing cases for personal, political, or publicity-driven reasons, rather than for public interest. This has, in turn, led to a great deal of concern on the part of Indian courts, which has been burdened with a number of frivolous cases filed under PIL, leading to a dilution of its original purpose. The present study attempts to examine the contemporary problems associated with PIL, such as a lack of guidelines, judicial overreach, and a need for a stricter scrutiny of cases filed under PIL, so that its sanctity is preserved.
Keywords: Public Interest Litigation, Judicial Activism, Access to Justice, Fundamental Rights, Misuse of PIL, Judicial Reform, Social Justice, India
