Reclaiming The PIL

The tough stance adopted by a Supreme Court bench, headed by Chief Justice T.S. Thakur, while hearing a public interest litigation (PIL) challenging the allocation of 4G spectrum to Reliance Jio in January, is highly welcome. The PIL had been filed by the Centre for Public Interest Litigation (CPIL), an NGO closely associated with lawyer Prashant Bhushan. Quizzing the manner in which the CPIL took up PILs, the court reportedly voiced its concerns on the NGO becoming a ?proxy litigant? and ?a front for settling corporate rivalry or personal vendetta?. Bhushan sought to address these concerns by asserting the CPIL had among its founder-members legal luminaries like Fali S. Nariman, and that it had in place a scrutiny mechanism to verify the veracity of each complaint and the public interest involved. However, Nariman denied any role in vetting PILs filed by the CPIL.These events have once again brought into focus the debate on the proper role of the PIL in the legal system. The first PIL, Hussainara Khatoon vs State of Bihar, was filed in 1979 on the basis of reports highlighting the pitiable conditions of prisoners awaiting trial for long periods. This case led to the immediate release of about 40,000 prisoners and was the first action by public-spirited individuals entertained by the SC to protect the fundamental rights of unrelated disadvantaged and vulnerable sections. Since then, the jurisprudence of the PIL has been developed through the collective efforts of concerned citizens and a responsive judiciary. Today, it constitutes a formidable tool to protect the rights of those lacking access to justice.
Read more: Click Here