Topic – Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
3) In the wake of the growth of PILs, the SC has to weigh the imperatives of public debate against the objective of discouraging frivolous PILs. Critically Comment.(250 words)
Why this question
PILs have helped millions of Indians to claim their rights against the government overreach, or private actions. However, the growth of PILs has also led to a rise in the number of frivolous cases filed before the court. It is essential to discuss the issue in detail.
Critically comment- here we have to express our knowledge and understanding of the issue. Based on our discussion we have to form an opinion on the issue/ controversy.
Key demand of question
The question wants us to express our knowledge about the issue- how has the growth of PILs made it important for the SC to weigh the imperatives of public debate against its stated objective of discouraging frivolous PILs. We also have to express our opinion in the form of how we should proceed in this matter.
Structure of the answer
Introduction– define PIL- Public Interest Litigation (PIL) means a legal action initiated in a court for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.
- Present some statistics about the number of PILs filed before Indian courts. Mention that a number of PILs are filed on the frivolous basis.
- Discuss the importance of PILs. e.g Vigilant citizens can find an inexpensive remedy because there is only a nominal rate of court fees; Litigants can focus attention on and achieve results pertaining to larger public issues especially in the field of human rights, consumer welfare, corruption, and the environment etc.
- Discuss the need to thwart filing of frivolous PILs before the courts. e.g The judiciary has to be extremely careful to see that there is no private malice and/or publicity seeking behind the beautiful veil of public interest; courts have to ensure that they are not exploited for personal gain, private profit, political motive or any oblique consideration etc.
Conclusion-Based on your discussion, form a fair and a balanced conclusion on the given issue. Suggest the way forward as to what should be done in this matter.