Too many PILs delay cases’ disposal

There is a short cut to justice. That is when a litigant files a writ petition before a high court under Article 227 of the Constitution (supervision of the courts by the high court) and expects speedy dispensation, which isn’t otherwise possible given the number of pending cases.

Similarly, some litigants move the Supreme Court under Article 32 (to enforce a right), which is invoked when the state or its instruments deprive people of their fundamental right.

The concept of public interest litigation (PIL), which is meant to restore the rights to those deprived of them, is a fallout of these two constitutional provisions.

These two remedies have had a salutary effect on government officials and bureaucrats, who are found lacking in their duties. At the same time, it has also been found that the PIL is being increasingly misused by vested interests, thus gaining popularity as a “paisa interest litigation” or “personal interest litigation”.

The Supreme Court has issued guidelines on admitting a PIL and has imposed costs on frivolous PIL. Chief Justice of India SH Kapadia has sternly dealt with unwanted PIL and has made it clear that PIL or writ petitions wouldn’t be allowed to be misused at the cost of long-pending litigation.

His concerns stems from the fact that the number of cases pending in every legal forum is increasing daily as ever more people resort to judicial intervention to enforce their rights. Another reason is the desire to appeal against every verdict, which can be curbed if courts have unanimity in their judgments and there is no ambiguity in their findings on facts and judgment.

Ideally, no court should exercise power either under Articles 227 or 32.

A Supreme Court bench had expressed concern when it indicted many of the SC’s laudable judgments, saying they had been passed by overstepping the court’s powers.

It’s quite apparent now that the top court is series about quicker dispensation. For instance, its judgments are no longer as lengthy as they used to be. Now, that is a good start.