Judicial Functioning

PIL versus class action	Mean to provide access to justice to the disadvantaged
What	A legal action initiated in a court of law for the enforcement of public interest where rights of individual or a group have been affected. Justice for those who can't approach the court of poverty or some other disability
Constitutional backing	Article 32 remedies ordinarily available for aggrieved party But justice P.N. Bhagwati in 1981 abolished the principle of locus standi
Criticism	Misused in the name of providing justice to the poor Interest Group using it for class action PIL to call back Indian Cricket team from controversial Sydney Match Frivolous PILs  (PIL to call back Indian Cricket team from controversial Sydney Match) Given more priority then other constitutional cases etc. Ever expanding scope Judicial overreach Acting as Ombudsmen, monitor and even as legislator Friction and confrontation with fellow organs of the government Over-burdening the courts Non-implementation and ineffective  limited capability to enforce Lack of Resources Inefficient use of limited judicial resources Lack of judicial infrastructure to determine factual matter
Significance of PIL	Social revolution through constitutional means (Temple entry ) Human rights, environment, consumer welfare could be achieved Equity, accessibility and affordability : To provide inexpensive legal remedy : Brought courts closer to disadvantaged Expended fundamental and human rights enforcement Instrument to promote rule of law Filled Legislative gap by orders like Vishakaha Guidelines on sexual harassment at work place Public confidence, legitimacy, credibility PIL by Swaraj Abhiyan
Way ahead	Regulation of PIL : by distinguishing between PIL for the poor and disabled and PIL to diffuse or collective rights Objective guideline and Parameter :  Unless the parameter of PIL are strictly formulated, it is in danger of becoming of diffused, in principle and ineffective by its indiscriminate use Confine PIL :  primarily to those cases where access to justice is undermined by some kind of disability. Economic discourage : Penalty for abuse or misuse, discouraging frivolous Awareness for disadvantages : NGOs, Media and Civil Society
Conclusion	PIL must be reclaimed for its original constituents by limiting it to matters concerning the protection of FRs of the marginal section This would help restore legitimacy and efficacy

	Judicial Activism vs Judicial Overreach.
Judicial Activism	Separation of power, article 50 Going beyond the domain of laws of parliament to dispend justice or in domain of legislature and executive Article 13, 32,  142, PIL , Special Leave Petition
Examples	Supreme court on plea of 'Swaraj Abhiyan', for proper rehabilitation of Drought hit States PIL, Public Interest Litigation Environment like taxes on trucks for entering into capital. Tax on trucks could hamper demand or consumption pattern. This shows the lack of tacking all the concerns political, economic, environment. Banning diesel cars Executive Correct the discretionary power of ministries to open petrol pump site Directed EC to order candidates to disclose their criminal conviction, asset Monitors the conduct of investigation and prosecution agency. Vishakha guidelines on sexual harassment Cancellation of 122 2G licence and coal block auction Even in military operation in Hazartbal in Kashmir where military as part of strategy restricted the food supply to hostage which SC diluted by  ordering at least 1200 calories to be supplied. Hazartbal siege as part of military to stop the food supplies Proceeding of  legislature: Ordered the Speaker of Jharkhand assembly speaker to proceeding as per prescribed agenda and record them for court, violating article 212 which forbids courts from inquiring into the legislature Madras HC introduced changes to section 34 to Advocates Act, where it can debar lawyers involving in corruption, abusing and gherao Silencing dissent Shielding corrupt Judges Striping lawyers immunity and bar council Positive Upholding moral and ethical conduct of judicial-legal sytem Seamless judicial proceeding Weeding out corruption
Positive	Prakash Singh Case Lodha Panel Committee Temple Entry Democratised the judicial system Hold the executive accountable Made the electoral system free and fair Taj Mahal Cleaning Under trials
Judicial overreach	National Anthem Liquor Ban on highways NDRF Allahabad HC making compulsory the children of bureaucrats to study on government schools
Issue	Judicial Activism Vs Judicial over reach or Tyranny or Adventurism Have started to creating laws, tweaking policies and controlling administration
Cause	Overzealousness of judiciary and neglect by the executive Legislative inaction : disruption in parliament Lack of Political Will
Positive impacts	Democratization of the judicial system  Executive accountability Made the balance between the 3 organs very delicate National interest over coming policy paralysis
Impacts	Lack of expertise for e.g. in environment matters Lack of independent capacity to enforce and  (resources) Court can't bring meaningful reforms given its institutional limits Distrust and disservice to the government Against the separation of power and Checks and Balances  (Article 50 )
Impact on Judiciary	Decrease in the credibility (taxi flip-flop repeated persuasion could force to change its decision ) Over burden : increasing pendency (decreasing no. of constitutional cases) Will change the nature of SC(danger of damage to its reputation) Demand for accountability Have to bear the criticism Could defy its orders
Way forward	Equilibrium in exercise of power should always be maintained Only check possible is self-imposed discipline and self-restraint by judiciary itself Doctrine of Self Restraint Doctrine Exceptional circumstances Doctrine Principle Distance Guideline for special Leave petitions and PIL SC:  warns judges against judicial overreach Discipline and restriction are the two basic golden virtue Purely political and policy matters not involving core legal issue must be outside
Conclusion	Judiciary should safeguard the constitution and not write it, Appreciation of its own institutional limits and institutional credibility Democracy hinges on the delicate balance of power between the judiciary and the parliament and both have to function within the limitation set by the constitution