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Introduction
Objectives
Pros of PIL
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Cons of PIL
Challenges
• Rampant misuse of PIL than its genuine use has generated suspicion in the
disguise of so-called public interests.
• Delay in legitimate administrative actions for obtaining political gain by some
political pressure groups.
• No clear way to find out vested aims and interests.
• Still, many people are unaware of the mechanism and procedure to file it,
limiting its utility.
Landmark cases
• Hussainara Khatoon vs. the State of Bihar: It is considered as the first case of
PIL in India. It was filed by various prisoners of Bihar jail. Supreme court bench
headed by Justice P.N.Bhagwati upheld that prisoners should have access to
free legal aid and fast hearing.
• People’s Union for Democratic Rights vs. Union of India: In this case, the
Supreme court held that a third party could seek intervention directly
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Way Forward
• Court need to keep in mind that under the guise of redressing grievances, PIL
does not breach the separation of power principle set by Constitution.
• Introduce punishment for those who abuse the power given by PIL.
• The petitioner should be taken into account and proper mechanism should
be drawn to ensure responsibility.
• The long-pending decisions should not hinder the development process or be
responsible for red-tapism.
• The fast-tracking mechanism can be availed for pending litigations.
Conclusion
PIL is playing key role in bringing social change. It is an institutional innovation for
the welfare of society. Looking at changing needs of the time, PIL machinery is
undergoing reconstruction or rethinking for development prospects so that
deserving people should be awarded justice and those who misuse should be
punished.