Reasons for decline PIL

           In run of time the judges realize their limitations and there were decline to PIL for number of reasons.

1) The court has to rely upon the report of commissioner , which are likely to be manipulated and hence no clear and true aspect of the things possible .


2) The Court has no independent investigating machinery to find out correct picture of the case.

3) The Court has no effective machinery in force its order and moreover such orders are against the government and administrative authority and not against the individual .

4) The government has limited resources and numbers of needs to be fulfill. this resource are to be utilized for the planned development of the country , government has its own problems and the orders of the court cannot be even fully effect of  e.g. Olga Tellis case of pavement dwellers of Bombay.

5) It is difficult to find out whether the petitioner is privately or politically motivated .

6) Because of judicial activism numbers of PIL petitions were being filed before the court and the court concentrated on them , thereby wasting of lot of time and energy on them ignoring their traditional function resulting into more pendency of ordinary litigation's before it .

7) For vexatious baseless petition no penalty , hence the parliament of India intending to take proper and adequate amount by way of security towards PIL to avoid multiplicity of PIL to give relief in proper cases. 

 

0 comments:

Post a Comment

See Also..