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"Every matter of Public Interest can not be a matter of Public Interest Litigation. "Evaluate. (200 Words) [UPPSC 2020]
Evaluation of Public Interest Litigation (PIL) in India 1. Definition and Purpose of PIL: Public Interest Litigation (PIL) is a legal mechanism in India allowing individuals or groups to file petitions in the court to address public interest issues. The aim is to promote justice and accountability iRead more
Evaluation of Public Interest Litigation (PIL) in India
1. Definition and Purpose of PIL:
Public Interest Litigation (PIL) is a legal mechanism in India allowing individuals or groups to file petitions in the court to address public interest issues. The aim is to promote justice and accountability in cases where the public’s rights are affected, especially for marginalized communities.
2. Criteria for PIL:
Not every matter can be classified as a PIL. For a case to qualify, it generally needs to meet the following criteria:
3. Recent Examples:
4. Challenges and Misuse:
5. Conclusion:
See lessPILs are a crucial tool for public justice, yet their effectiveness relies on clear criteria and judicial restraint to avoid overuse and ensure focus on genuine public concerns.
Explain the concept of Judicial Activism and evaluate its impact on the relationship of Executive and Ju- diciary in India. (125 Words) [UPPSC 2020]
Judicial Activism: Concept and Impact on Executive-Judiciary Relationship in India Concept of Judicial Activism: Judicial Activism refers to the judiciary's proactive role in addressing social injustices, safeguarding fundamental rights, and ensuring the implementation of laws beyond mere interpretaRead more
Judicial Activism: Concept and Impact on Executive-Judiciary Relationship in India
Concept of Judicial Activism:
Judicial Activism refers to the judiciary’s proactive role in addressing social injustices, safeguarding fundamental rights, and ensuring the implementation of laws beyond mere interpretation. It involves courts taking an active stance in policy issues and legislative matters.
Impact on Executive-Judiciary Relationship:
In summary, judicial activism in India has enhanced judicial authority but also created complex dynamics with the executive branch.
See lessMention three demerits of Judicial Activism. (125 Words) [UPPSC 2023]
Judicial activism, while promoting justice and protecting rights, has its demerits. 1. **Judicial Overreach**: It can lead to an imbalance of power among branches of government, with courts potentially encroaching on legislative and executive domains. This may undermine the principle of separation oRead more
Judicial activism, while promoting justice and protecting rights, has its demerits.
1. **Judicial Overreach**: It can lead to an imbalance of power among branches of government, with courts potentially encroaching on legislative and executive domains. This may undermine the principle of separation of powers.
2. **Inconsistency**: Judicial activism often results in varying interpretations of laws, leading to inconsistent rulings. This unpredictability can create confusion and undermine the rule of law, making it difficult for individuals and authorities to understand legal standards.
3. **Political Bias**: Activist judges may impose their personal beliefs, which can result in decisions influenced by political or social agendas rather than strict legal interpretations. This perception can erode public trust in the judiciary, raising concerns about impartiality and fairness in the justice system.
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