Topic- Part of static series under the heading – “Concept of PIL”
1) PILs are an effective way to seek justice for those who can not afford it. Discuss. Critically examine whether PILs need rethinking and restructuring?(250 words)
Key demand of the question
The question expects us to first explain what PIL is and how does it secure justice for those who can not access it. Thereafter, it asks us to critically examine PILs and provide our opinion on requirement for its restructuring.
Critically examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any . When ‘critically’ is suffixed or prefixed to a directive, all you need to do is look at the good and bad of something and give a fair judgement.
Structure of the answer
Introduction – Explain what PIL is and mention the role that Justice Bhagwati played in its evolution
- Discuss what PIL is, its linkage to article 32, how it helps in securing justice for the poor and nerdy
- Examine the advantages it has had so far. Give illustration to prove your point.
- Highlight the demerits – the problem caused by irresponsible activists, clogs the court, criticism of the judiciary for its propensity to indulge in judicial outreach at times etc
- Examine whether structural changes are required – discuss options like limiting it to violation of FRs of the poor, active role played by judiciary in discouraging false PILs, caution required on the part of court etc
Conclusion – Give a fair and balanced opinion on the relevance and efficacy of PIL and the need for changes to be brought in.