CONCEPT OF CHECK AND BALANCE IN INDIAN CONSTITUTION MISUSE OF PIL

Public Interest Litigation is the highly effective weapon in the armory of law for reaching social justice to the common man. It plays a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation. It was designed to serve the purpose of protecting rights of the public at large through vigilant action by public spirited persons and swift justice. PIL could also contribute to good governance by keeping the government accountable. But the profound need of this tool has been plagued with misuses by persons who have been filing PILs just for the publicity and those with vested political interests. It is an undemocratic, unrealistic and dangerous tendency which is to be impeded by our judicial attitude. Steps and reasonable care should be taken to make sure that PIL essentially remains public interest litigation and should not be empowered to get corrupted into becoming a political interest litigation or publicity interest litigation. The misuse of PIL will stop when the courts are vigilant and the challenge is for the state to prolong a balance in allowing legitimate PIL cases and discouraging waggish ones.