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Judge calls for judicial restraint on PILs

J. Venkatesan

Bench rejects plea seeking steps to check road accidents

New Delhi: The Supreme Court on Friday dismissed a public interest litigation petition seeking a direction to the Centre and the States to enact a “Road Traffic Safety Act” to lay down regulations to prevent road accidents.

A Bench comprising Justice H.K. Sema and Justice Markandey Katju dismissed the PIL petition filed by Common Cause, saying: “In our opinion the prayers made in this petition require us to give directions of a legislative or executive nature which can only be given by the legislature or executive.”

Mr. Justice Sema, who differed with Mr. Justice Katju with respect to most of the other observations, said that the relief sought for in the petition was adequately addressed by the Motor Vehicles Act.

In his judgment, Mr. Justice Katju said: “PIL has nowadays largely become ‘publicity interest litigation,’ ‘private interest litigation’ or ‘politics interest litigation’ or the latest trend ‘paise income litigation’.”

He further stated: “Much of PIL is really blackmail. PIL, which was initially created as a useful judicial tool to help the poor and weaker sections of society who could not afford to come to courts, has, in course of time, largely developed into an uncontrollable Frankenstein and a nuisance which is threatening to choke the dockets of the superior courts obstructing the hearing of the genuine and regular cases which have been waiting to be taken up for years together.”

Mr. Justice Katju added: “The people must know that courts are not the remedy for all ills in society. The problems confronting the nation are so huge that it will be creating an illusion in the minds of the people that judiciary can solve all the problems?”

He further said: “For example, there is a great deal of poverty in this country and poverty is destructive of most of the rights including the right to a dignified life. Can the court issue a general directive that poverty be abolished from the country because it violates Article 21 of the Constitution? Similarly can the court issue a directive that unemployment be abolished by giving everybody a suitable job? Can the court stop price rise which nowadays has become an alarming phenomenon in our country? Can the court issue a directive that corruption be abolished from the country? Article 21 is not a ‘Brahmastra’ for the judiciary to justify every kind of directive.”

Mr. Justice Katju said further: “The justification given for judicial activism is that the Executive and Legislature have failed in performing their functions. If legislature or executive are not functioning properly it is for the people to correct the defects by exercising their franchise properly in the next elections and vote for candidates who will fulfil their expectations.”

Citing the decision of a seven-judge Bench in ‘P. Ramachandra Rao’s case’, he said: “When Judges by judicial decisions lay down a new principle of law of the nature specifically reserved for the legislature, they legislate and not merely declare the law. This is an illegitimate exercise of power.”

Mr. Justice Katju asked: “If once the courts take upon themselves the task of issuing ukases as to how administrative agencies should function, what is there to prevent them from issuing directions as to how the State or Central government should administer the State and run the country?”

Cautioning the judiciary, he said: “When other agencies or wings of the state overstep their constitutional limits, the aggrieved parties can always approach the courts and seek redress against such transgression. If, however, the court itself becomes guilty of such transgression, to which forum would the aggrieved party appeal? As the ancient Romans used to say, ‘who will guard the Praetorian guards?’ The only check on the courts is its self restraint.”

Chief Justice K.G. Balakrishnan had on Wednesday said that the Supreme Court would lay down guidelines with respect to PILs.

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