Misuse Of Public Interest Litigation: A Critical Study As How It Is A Major Threat To Judiciary

Authors

DOI:

https://doi.org/10.53724/lrd/v6n1.05

Keywords:

Public interest litigation, Activism, Courts, Public Interest

Abstract

Regardless of how much advancement PILs have brought to the Indian Judicial framework, we can't unseen the other side of the coin at any expense as PILs are being mishandled a great deal these days alongside its broad and manhandled use. They have brought different traps and downsides as well. Thusly, to keep away from such instances of maltreatment of the PILs, the high court itself set out a definite rule that will be utilized to administer the administration and removal of the PILs. Numerous PIL activists in India have been utilizing the PILs as a helpful apparatus for pestering the legal framework. Since recording PILs is a modest cycle, numerous unimportant cases are being documented with no speculation of heavy court charges which one would typically pay for common prosecution cases. Subsequently, by recording such cases, bargains are haggled to get cash for the said bothered party to get the PILs. The basic clarification for such cases is that any weapon that can be utilized to safeguard oneself can likewise be utilized to assault somebody. Utilizing a similar rationale, one can bring down the Locus Standi prerequisites which license the inspired gatherings to record PILs which could address a public interest matter.

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References

Monika Sangeeta Ahuja: Public Interest Litigation In India; A Socio-Legal Study: http://etheses.lse.ac.uk/1417/1/U084680.pdf Visited on 20th Sep. 2021

AIR 1369, 1979 SCR (3) 532

AIR 1579, 1980 SCR (2) 557

Public interest litigation

Case of 1984

W.P.(MD)No.7078

W.P.(C), 5109 of 2021

Raunaq International Ltd vs I.V R. Construction Ltd. And Ors on 9 December 1998

Published

30-09-2021

How to Cite

Dr. Ganesh Dubey, & Niharika Vyas. (2021). Misuse Of Public Interest Litigation: A Critical Study As How It Is A Major Threat To Judiciary. Legal Research Development, 6(I), 21–26. https://doi.org/10.53724/lrd/v6n1.05

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Articles