Frivolous PILs Face Supreme Court's Ire; CJI-Led Bench Imposes Heavy Costs For 'Abuse Of Process'

Padmakshi Sharma

4 July 2023 11:15 AM GMT

  • Frivolous PILs Face Supreme Courts Ire; CJI-Led Bench Imposes Heavy Costs For Abuse Of Process

    In a series of decisive orders today, Supreme Court bench led by Chief Justice of India DY Chandrachud dismissed four consecutive Public Interest Litigations (PILs) and firmly condemned the "abuse of process" before the Top Court. The PILs were listed before a bench comprising CJI DY Chandrachud and Justice PS Narasimha. Through the dismissal of the PILs in question, which were listed...

    In a series of decisive orders today, Supreme Court bench led by Chief Justice of India DY Chandrachud dismissed four consecutive Public Interest Litigations (PILs) and firmly condemned the "abuse of process" before the Top Court. The PILs were listed before a bench comprising CJI DY Chandrachud and Justice PS Narasimha. 

    Through the dismissal of the PILs in question, which were listed consecutive to one another, the Chief Justice emphasised the importance of using the court's time judiciously and discouraged the filing of PILs lacking a genuine public interest or legal basis. 

    The first PIL, filed by a law student, sought to abolish "male" pronouns in constitutional provisions, arguing that they violated fundamental rights. CJI Chandrachud, visibly exasperated, questioned the petitioner's background and suggested they should have pursued a legal education instead of filing such PILs. CJI DY Chandrachud said–

    "Why didn't you study in law school instead of coming up here with such PILs?"

    Wondering how the fundamental rights of the petitioner were violated, the court dismissed the PIL. The CJI further expressed his dissatisfaction with such PILs and added that he would have imposed costs on the petitioner had he not been a law student.  "We should start imposing costs now because our time is wasted", CJI expressed his anguish.

    Next, the court then addressed a PIL requesting the framing of a policy for the reclassification of the caste system. CJI Chandrachud labeled this PIL as another example of abusing the court's process. He ordered the petitioner to pay costs of Rs 25,000 to the Supreme Court Bar Association (SCBA), stressing the need to deter frivolous petitions. The petitioner was given a two-week deadline to produce a receipt as proof of payment.

    In a similar vein, a PIL advocating for the gradual phasing out of reservations and the establishment of an alternative reservation policy faced a swift dismissal. CJI Chandrachud expressed his disapproval of the PIL, labeling it as yet another abuse of process. The petitioner was directed to pay costs amounting to Rs 25,000 to the SCBA.

    Another PIL which challenged certain sections of the Hindu Succession Act,1956 was also dismissed by the court.

    “These are personal laws dealing with inheritance and we cannot hear them without context here,” the CJI remarked.

    Throughout the proceedings, CJI Chandrachud emphasized the importance of using the court's time judiciously and discouraged the filing of PILs lacking a genuine public interest or legal basis. 

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