Justice BV Nagarathna Flags Misuse of PILs, Calls for Rethink on Their Scope

Justice BV Nagarathna Flags Misuse of PILs, Calls for Rethink on Their Scope

Justice BV Nagarathna, a Supreme Court judge, recently expressed concerns over the misuse of Public Interest Litigations (PILs), emphasizing the need for deeper reflection and discussion on the issue.

"I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to being viewed with suspicion and not in a positive light," Justice Nagarathna said.

Speaking at the book launch of Law, Justice and Society: Selected Works of Upendra Baxi on March 4, 2025, at the Indian Law Institute, New Delhi, Justice BV Nagarathna reflected on Professor Upendra Baxi’s contributions to Public Interest Litigations (PILs).

Further, she highlighted how Professor Baxi underscored the role of PILs in holding the State accountable, enabling the judiciary to safeguard fundamental rights, and driving social transformation.

Acknowledging their impact in empowering citizens, civil society organizations, and marginalized communities to challenge systemic injustices, Justice Nagarathna noted that Professor Baxi aptly referred to PILs as "social action litigation."

At the same time, the Judge expressed her concerns about the recent trend of misusing PILs to subserve oblique motives and vested interests.

Justice Nagarathna also lauded the efforts of Professor Amita Dhanda and Professor Arun Thiruvengadam who were the Editors of the Book.

 

 

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