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Showing posts from May 31, 2021

What should the courts should do or intend to achieve via the Public Interest Litigations?

  a. PIL as a means to prevent Judicial Accountability SC by a series of PILs has ensured the dominance of judiciary concerning issues of appointment and transfer of judges, their conditions of service and removal etc. S.P. Gupta v Union of India [1] , SCAORA v Union of India [2] and the NJAC Judgment [3] have all worked towards promoting judicial supremacy into arenas, which were traditionally, and predominantly the domain of the Parliament and the executive. By introducing the Collegium system, it can be argued that it has amended the language of A.124 (3) and not interpreted it. This raises a deep fundamental question as to how far constitutional interpretations may be stretched to obtain this judicial supremacy. Moreover, this has been made possible because judges have entertained PILs in matters where the concern is not the enforcement of rights but a tussle for power and supremacy of authority, revealing a glaring evidence of lack of judicial accountability. PIL, therefore,