Public Interest Litigation: Misuse of Civil Weapon of Justice

Authors

  • Dr Esha Jain G D Goenka University Gurugram
  • Jonika Lamba The NorthCap University, Gurugram

DOI:

https://doi.org/10.51611/iars.irj.v14i01.2024.251

Keywords:

PIL, Misuse, Court, Judiciary, Social, Weaker

Abstract

Public Interest Litigation is the powerful weapon of civil justice for the weaker and deprived section of the society. The objective of the study is to critically examine the literature on the misuse of PILs in India. So, the paper is a review-based study including some recent and famous case laws on misuse of public interest litigation. The main purpose of the PILs is to establish good structure of governance where interest of very section is protected. In the recent times the spirit behind the PILs have been distorted and it has been used as a tool of harassment, publicity, personal gains, business interest, professional PIL shops, corporate gain etc. The study includes the recommendations to curb the practice of misusing this transformational weapon of justice such as only bona fide PILs should be accepted, uncertain and doubtful PILs should be rejected at initial stage, and role of media in highlighting misuse of PILs etc. The PIL still remains the important part of judicial activism.

Downloads

Download data is not yet available.

Author Biographies

  • Dr Esha Jain, G D Goenka University Gurugram

    Author

  • Jonika Lamba , The NorthCap University, Gurugram

    jonikalamba@gmail.com

References

. Adhik, P. A. (2019). A Review Of The Conceptual Foundations Of Public Interest Litigation. Think India Journal, 22(14), 15411-15417.

. Aggarwal, V. (2021). Public Interest Litigation: Potential and Problems. Supremo Amicus, 26, 562.

. Biswas, S. K. (2017). Public Interest Litigation: Meaning and Dimensions. Indian JL & Just., 8, 98.

. Deva, S. (2009). Public interest litigation in India: A critical review. Civil Justice Quarterly, 28, 19-40.

. Gloppen, S. (2008). Public interest litigation, social rights and social policy. Inclusive States. Social Policy and Structural Inequalities, Washington: World Bank, 343-367.

. Gupta, B., & Agarwal, A. (2019). Justice Delayed is Justice Denied. Available at SSRN 3335923.

. Kirpal, B. N. (2000). Public Interest Litigation: Potential and Problems.

. Kumar, A., & Sunayana, D. (2021). Public Interest Litigation: A Window For Justice. European Journal of Molecular & Clinical Medicine, 7(7), 5922-5926.

. Nath, H. R. (2015). PIL Strategy in Advancing the Rights of Have-Nots' in India: Issues and Challenges. Journal of Juridical and Social Science, 5(2).

. Panda, S. (2011). Corruption in India: PIL as a Restraint. Indian Journal of Public Administration, 57(3), 687-694.

. Pawaiya, S., & Jain, N. (2018). Public Interest Litigation: Misuse and Impact of Judicial Intervention on Governance. Supremo Amicus, 3, 584.

. Rabboni, A., & Chandrasekaran, P. K. A. (2011). ACTIO POPULARIS-A PERSPECTIVE ANALYSIS ON PUBLIC INTEREST LITIGATION OF INDIA. The Indian Journal of Political Science, 463-475.

. Sen, M. (2019). Limitations and Dilemmas of Public Interest Litigation. International Journal of Legal Research, 5(3).

. Singh, A. K., & Singh, D. K. (2017). Misuse of Publlic Interest Litigation. Supremo Amicus, 2, 64.

Crossref Crossmark

Downloads

Published

2024-05-05

Issue

Section

Peer Reviewed Research Manuscript

How to Cite

“Public Interest Litigation: Misuse of Civil Weapon of Justice” (2024) IARS’ International Research Journal, 14(01), pp. 39–42. doi:10.51611/iars.irj.v14i01.2024.251.

Citations

Similar Articles

1-10 of 26

You may also start an advanced similarity search for this article.