Benefits

  • democratized justice for common man, deepened access to judiciary
  • justice more affordable
    • Husainara Khatoon v State of Bihar: helped uncovering plights of undertrial prisoners
  • effective enforcement of Fundamental Rights
  • check on exercise of powers by other organs of state

Concerns

  • judicial overreach
  • violation of separation of power (DPSP 50)
  • often PIL have ulterior motives
  • inc workload on judiciary

Way ahead

  • extra attention to scrutiny at early stage (hence save time by not entertaining baseless PIL)
    • dubious/ frivolous PIL be rejected by court with exemplary cost
  • court should restrain itself on entering domain of other organs on pretext of PIL (sep of power)
  • exec/legis should have grievance redressal mechanism (so judiciary burden less)
    • citizens trust judiciary more; exec/legis must strive to build better rapport and trust among citizens
  • Judges shouldn’t be over enthusiast in giving dirn to exec due to populist reasons