Public Interest Litigation: An Abused Jurisprudence
Symbiosis Law School, Noida, India.
Volume III, Issue V, 2020
Adhering to the socialist model, and subsequently, aiming to accelerate and improve the socio- economic revolution persisting in the late 80’s, the Supreme Court of India fashioned an activist role since the commencement of PIL, simplified the complex procedure and completely changed the landscape of the Indian legal system. Public Interest Litigation, arising out of dire necessity to preserve and protect the rights of the backward constituents of the society, has observed a steady transgression from a tool of use to a weapon of abuse. Delving into its genesis, the authors study its birth in the Hussainara Khatoon case, the agenda and the ideology behind it, only to observe its systematic dismantling and limitless expansion, and the consequent, abuse deliberated by the Court in Balwant Singh Chaufal case. The research paper, therefore, through a thorough understanding of the jurisprudence of Public Interest Litigation in India, coupled with its practice and expansion, seeks to exhibit and analyse its stance and standing in today’s system, in context of the latter’s inception and its propounded features and rationale. The authors conclude with optimism, hope and trust towards the subject, its flag bearers- the judiciary and the masses, while devising methods and suggestions to protect and further the jurisprudence of Public Interest Litigation.
Keywords: Public Interest Litigation, Indian Legal System, Abuse, Socio- Economic Revolution