The Central Government has demanded to review the Public Interest Litigation (PIL) system and abolish it completely. Solicitor General Tushar Mehta made this argument before the Constitution bench of 9 judges which was hearing the questions arising from the review petitions of Sabarimala case.
A question on PIL also in the hearing
Among the 7 questions on which the Constitution Bench is hearing, one question is whether a person from outside any religious sect can challenge the practices of that sect by filing a PIL. Responding to this, the Solicitor General raised questions about the appropriateness of continuing the PIL system.
‘Now the relevance is gone’
Mehta said that the PIL was initiated at a time when a large section of the population was unable to access justice due to poverty, illiteracy and social conditions. But the situation has changed to a great extent in the last 5 decades. Due to the expansion of the judicial system, people can file petitions for themselves. Legal services authority is working in every district. Free legal aid is available to the people there.
‘Petition under agenda’
The Solicitor General said that facilities like e-filing have made it easier for the common man to reach the High Court or the Supreme Court. Now it is not necessary that someone else files the petition representing any class. Mehta alleged that most of the petitions filed in the name of PIL have some hidden agenda. There is someone behind him who wants his own benefit.
We also remain alert: Supreme Court
The Chief Justice, who was presiding over the bench, agreed that many petitioners come with a ‘hidden agenda’. Therefore, now even the courts exercise great caution in accepting PILs. Strict standards have been set to examine PIL. The judge investigates the real reasons behind the PIL. Notice is issued on a petition only when the case has genuine merit.
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