Constitutional Complacency: The Unchecked Rise of Frivolous Public Interest Litigation Abstract

Read the full article See related articles

Discuss this preprint

Start a discussion What are Sciety discussions?

Listed in

This article is not in any list yet, why not save it to one of your lists.
Log in to save this article

Abstract

Public Interest Litigation (PIL) in Pakistan was intended to expand access to justice, but courtsnow warn of an “unchecked rise” in frivolous PILs that undermine genuine activism. Recentanalyses note that frivolous petitions, filed for publicity or private agendas, burden courts anddelay relief for bona fide causes. Comparative experience in India and Bangladesh showssimilar concerns: Indian jurists and judges decry PIL abuse, and Bangladeshi courts explicitlyforbid mala fide writ petitions as PIL. This abuse diverts judicial resources from real social-justice claims and erodes trust in constitutional remedies. The essay argues that strongerprocedural safeguards, cost sanctions, and judicial scrutiny are needed to restore PIL’s integritywhile preserving its role in promoting social justice.

Article activity feed