PIL's legacy being tarnished by some lawyers who file publicity interest litigation: Former CJI NV Ramana

Many lawyers are filing 'publicity interest litigations' for media headlines which is subjecting the well-meaning innovation of public interest litigations (PIL) to ridicule, former Chief Justice of India (CJI) NV Ramana said on Monday..At the same time, there is also a decline in lawyers taking up genuine social causes through PIL, he lamented. “At present, it is worrisome to note the declining trend in lawyers taking up public causes. This trend unfortunately is not in accordance with the rich legacy that we have inherited. In addition, there is now a tendency to go for headline hunting through Publicity Interest Litigation; thereby subjecting a well-meaning and successful innovation of the Indian Judiciary to ridicule,” he said.Justice Ramana was speaking at the Fight for Justice Awards 2023 instituted by the Delhi High Court Bar Association and Live4Freedom LLP to honour litigants who won cases in the Supreme Court against all odds and people whose cases have resulted in landmark judgements.In his address, Justice Ramana said that judges cannot say no to just causes and must not allow procedural aspects to come in the way of justice delivery.Judges must go the extra mile, create confidence in the vulnerable sections of the society and think outside the box to ensure that rights guaranteed under the Constitution are honoured, he stated.“I know that we are faced with large pendency and huge caseload, and it is difficult to manage and take the burden of the failures of the other systems. Yet, as judges, we cannot say no to a just cause. It would be contrary to the oath that we have taken. Justice is not empty rhetoric. The judiciary is perceived as the ultimate remedial institution,” he said..The former CJI also lauded the decision to institute the awards and said that it recognises the extreme difficulty and pain that our judicial process poses for an average litigant.“It is in this backdrop that we must ask ourselves a few uncomfortable questions. When we have a scientific document as our Constitution, with every conceivable safeguard provided for, why is it that the crusaders that we are honouring today had to struggle for years together to secure justice? Whose failing is it? Down the line, did all the stakeholders perform their duty as is expected under the Constitution? If not, what is the root cause of the problem and how to remedy it?” he added. . Justice Ramana also highlighted that today’s India is marked by various contradictions."Even though we have one of the best Constitutions in the world and India is one of the largest economies, a large section of society is struggling for clear air, water, and livelihood."He stressed that any country, no matter how powerful, needs activists, NGOs and public-spirited people to pursue the cause of justice.“For several decades, the Indian judiciary has endeavoured to uphold the rights of the most under-privileged and has given relief and justice to the needy sections of our society. However, the duty to render justice is not confined to the judiciary alone. The Constitution obligates the Executive and the Legislature to take measures that promote justice. It is only when the harmonious effort is lacking in discharge of assigned roles that the judiciary is burdened with deciding what is right and what is wrong.”