In this article you will learn about Features of PIL in Political Science.
Features of PIL
The main features of Public Interest Litigation (PIL) is that it is a system of dispensing justice without the usual requirement of the person affected alone seeking redress from a court of law. The social and legal activists can move the court for securing relief to the poor and deprived section of the society that is for securing public interests.
Public Interest Litigation (PIL) involves a combination of formalism that stands attached with the judicial system, with some informalism that characterises a tribunal or a departmental system. It also avoids the formal approach of the court system.
Another innovative feature of the Public Interest Litigation (PIL) system is that it involves the appointment of lawyers and others to see whether the court’s order has been in fact implemented or not. They can also be appointed to carry out the required investigations into the referred or concerned or assigned case or matter.
(1) Relief in PIL Cases : In Public Interest Litigation (PIL) cases, the courts can grant relief to the aggrieved persons or groups. The nature of relief that can be given under this system is also innovative in nature. For example, the court can grant compensation to the suffrere in case of any crime like murder, rape or injury. Another feature is that while the Fundamental Rights can be enforced only against the State, the relief provided by the court in Public Interest Litigation (PIL) tends to embrace other bodies as well. It is also held by some experts that the Public Interest Litigation (PIL) can be used by consumers and other such forums for securing the desired reliefs in a simple and efficient manner.
(2) Possible Misuse of PIL : However, along with the possibility, there can also present certain dangers. PIL can be misused by certain unscrupulous people to suit their ends. Undue dependence on this can again be a source of delay. Public Interest Litigation (PIL) can be misused or at least some people can try to misuse it for private or political ends. In fact some people have already tried to do so.
(3) The View of the Critics of PIL : The critics of PIL hold that without guidelines, this system can be overstretched and used by the courts. These can over-step their limits. Another point of criticism which merits attention is that even after securing relief under this system, the sufferers really fail to gain much because of the poor or ineffective follow up action. For example, in the cases of bonded labourers, they got some relief but once in the realm of freedom they faced starvation and death. This forced them to return to bonded labour in the name of free contract or even without a contract. Neither the court nor the government could provide them with follow-up relief.
In addition to these limitations of the Public Interest Litigation (PIL) system, the absence of public awareness and knowledge about it is a major weakness of the operation of this system. The people are yet to become aware of the scope and nature of the Public Interest Litigation (PIL).
(4) Justification of PIL : It must be admitted, however, that because of being a comparatively new system, Public Interest Litigation (PIL) is yet to become fully useful. It is indeed a beneficial system and has several committed and active supporters. More and more PIL cases are being filed in the courts and more and more people are getting benefits from this system. Public Interest Litigation (PIL) has been successfully used by the several social activists in the cases involving Asian labourers, the inmates of a woman's home in Agra and the bonded labourers in various parts of the country.
This article on Features of PIL in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.