8/10/2019 Abstract on Judicial Activism & PIL

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NATIONAL SEMINAR ON NEW DIMENSIONS OF JUDICIAL ACTIVISM

Theme: Judicial Activisms and Public Interest Litigations in the Present Scenario

Changing Dimensions of Activist Role Played by Judiciary: A Comparative Study with

Reference to USA and India1

PIL is not a pil l for every il l, the abbreviation of PIL is Publi c In terest Liti gation & not

Pri vate I nterest L iti gation, Paisa I ncome L iti gation, Publi city Interest L iti gation or Poli tics

I nterest Li tigation.

- Honble J. Arijit Pasayat2

In the past, judicial activism was used creatively to help the downtrodden people to reach the

doors of justice. Hence over the years, the concept of PIL and judicial activism has emerged in USA

but spread throughout the world. No doubt PIL has been an invaluable innovative judicial remedy.

But now in this 21st

century the significance of PIL has been undermined by filing fictitious,

baseless, vague PIL which is to be prevented in the cost and interest of justice.

Earlier by the liberalization of the rule of locus standiby our Supreme Court, it has translated the

rhetoric of fundamental rights into living reality for at least some segments of our exploited and

downtrodden humanity. But now PIL has degenerated into Private Interest Litigation, Political

Interest Litigation, and above all, Publicity Interest Litigation. These 3 Ps are the perils of PIL. The

latest peril in the picturesque language of Justice Pasayat is Paise Interest Litigation. Regrettably,

PIL is being abused with increasing frequency. Now-a-days people are deliberately wasting thevaluable time of Supreme Court by filing PIL. In a judgment, the Honble Court said that it is not

like the bettle shop where anyone can reach and ask anything. As per the court, stringent action

should be taken against those who are trying to waste the time of the Court.

This paper specifically deals with the various aspects of PIL, misuse of PIL, consequences for

misuse of PIL and remedies and suggestions available for prevention of misuse of PIL. Also, this

paper discusses various landmark cases relating to PIL in various countries.

Keywords: Judicial Activism, PIL, Judicial Authoritarianism, Political, Publicity,

Landmark Cases etc.

1Author, Rajesh Kumar Mishra (3rdYr), Mohana Chatterjee (1styr) and Anirudh Sujoria (1stYr) of Hidayatullah

National Law University, Raipur.

2Judge of the Supreme Court of India.