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More-or-less Citizen activism is an integral component of democratic regimes. It's key to curb specter of terror and put on hold divisive forces eager to engulf the social fabric of the nation. However, the whole thing is still in nascent stage, owing to lack of consciousness among Gen X trapped in illusory dreams. The weapons like RTI ,PILs need to be properly used to provide substance to the Citizen activism. However, we should ensure that there is no misuse of such perfect weapons. We often find the judges crossing swords with lawyers and so-called NGOs over abuse of PILs.The fake PILs have increased the woes of judiciary, which is already reeling under the pending cases.The judges treat even a letter written by aggrieved person as PIL.The point in saying so is that there are many ways and means to ensure that justice is done to the aggrieved party.However,frivolous petitions waste precious moments of the courts.
Justice P.N. Bhagwati and Justice V R Krishna Iyer are called pioneers in introduction of procedures that ensure the rights of an individual.Let's see what P.N.Bhagvati has to say about the role of PIL. “If we want human rights to become meaningful for the large masses of people in the country, this is the only way in which it can be done,” Bhagwati said of public interest litigation. “Government alone will never be able to do it. … It is only the people themselves who must utilize law for the purpose of bringing justice to the doorsteps of the large masses of people of the country.” No need to say that role of epistolary jurisdiction(accepting petitions in the form of letters of grievance) has provided people a unique weapon to bring notable changes in people's lives.
In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. Union of India, 1981 (Supp) SCC 87, articulated the concept of PIL as follows, “Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.”
In Guruvayur Devaswom Managing Commit. And Anr. Vs. C.K. Rajan and Ors, J.T. 2003 (7) S.C. 312, S.C. held, “The Courts exercising their power of judicial review found to its dismay that the poorest of the poor, depraved, the illiterate, the urban and rural unorganized labour sector, women, children, handicapped by 'ignorance, indigence and illiteracy' and other down trodden have either no access to justice or had been denied justice. A new branch of proceedings known as 'Social Interest Litigation' or 'Public Interest Litigation' was evolved with a view to render complete justice to the aforementioned classes of persona. It expanded its wings in course of time. The Courts in pro bono publico granted relief to the inmates of the prisons, provided legal aid, directed speedy trial, maintenance of human dignity and covered several other areas. Representative actions, pro bono publico and test litigations were entertained in keeping with the current accent on justice to the common man and a necessary disincentive to those who wish to by pass the, real issues on the merits by suspect reliance on peripheral procedural shortcomings… Pro bono publico constituted a significant state in the present day judicial system. They, however, provided the dockets with much greater responsibility for rendering the concept of justice available to the disadvantaged sections of the society. Public interest litigation has come to stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion. Procedural propriety was to move over giving place to substantive concerns of the deprivation of rights. The rule of locus standi was diluted. The Court in place of disinterested and dispassionate adjudicator became active participant in the dispensation of justice”.
Justice V R Krishna Iyer who is known for his incisive analysis has highlighted the role of PIL in no holds barred manner.
"Law India, with its obsolescent Indo-Anglian codes and ‘lordship’ robes, misses the socially sensitive fundamentals and the crimson economic grammar. It benumbs the common people’s deprivations and expectations and inhibits the advance of the backward Indian humanity. Regrettably, communalism, regionalism, gender and class biases and the globalisation-cum-private corporatisation kink do not spare the judiciary in its perspective and performance. So much so that the Constitution remains a merely eloquent parchment. Many a judicial Judas has pretended loyalty to the Constitution. Worse is the fate in the Cabinet and the House. Is swaraj a camouflage for satellite raj?
The cults, semantics, outfits and obsolete processes of the pre-Independence days must go into oblivion and the high bench must transform our swaraj jurisprudence with a creative commitment. In order to realise this grand goal, tools, technologies and master-engineers tuned to our constitutional revolution are needed. The activist judges are the legal locomotive, and the technology of transformation is inscribed under Articles 32, 141, 142 and 144. And public interest litigation is the versatile modus operandi in its forensic flavour."
The way our netas are involved in annihilation of the standards set by the predecessors, it’s not surprising that people have become conscious of their rights and duties. No wonder even judiciary has come under the domain of RTI.The moves to keep notings of file away from the common man was resisted by all and sundry. This only shows that people are becoming aware of their rights. It's also reflected in their voting pattern, which has made leaders lay emphasis on real changes than mere rhetoric. Anyway, there is need to involve common people in the policy making process which, at present, is the right enjoyed by the people at the helm of the affairs.
