Overzealous PILs or Legal Activism
Updated: Jun 2
Prashant Vaxish, Practising Advocate, Supreme Court of India, Delhi High Court, Founder and Managing Partner at P&P Law Chambers
Law Minister is responsible for maintaining the law and order in one's country & surely, it was shocking to read such frantic & irresponsible statement by the Law Minister of the Country. I am still trying to understand what exactly is trying to convey to the nation.
The latest press release by the Minister discloses the minutes of the conference held on Sunday with the Ld. Attorney General of India and the Solicitor General of India. Minister Prasad made a reliance between two statements, and the said reliance was heart-breaking for me being an officer to the Constitution.
Calling Public Interest Litigation during the COVID-19 Pandemic an overzealous act by the litigant(s)/Advocate(s) is obnoxious. And in continuity defending such derogating statement against us as to ‘trust’ the policies of the Government, I failed to understand that why Centre Government always, who are themselves a product of the Constitution, always fail to act, move or hold their actions within the ambit of the Constitution.
Constitution of India clearly give rights to raise the voice against the any arbitrary or unlawful or unconstitutional conduct. There is no ambiguity with regard to 50 days of continuing lockdown and failure of policies. Pandemic was and is definitely painful for all of us. However, this can not give any right to any government, whether Centre or State to oversee the need or requirement of any sector of the Society behind the veil of the pandemic disease. Infact this was the high time that they should have shown their moral actions in favour of every sector of the society and not make such hopeless statements. Migrant Workers are still suffering. Students are scarifying their studies despite being a tech-nation in the world. If one raise to protect the interest of such sector being called overzealous then I am sorry to say, you are undoubtedly showing your failure or may be incompetency to the competent yet Vulnerable nation due to this COVID-19 OUTBREAK.
Without a saying, Advocate(s) plays an important role is building up a society by securing everyone’s rights. Advocate is that bridge which help the government to reach out to every problem of the society. But, such helpless and anxious statement by the Law Minister make me raise questions upon whether the Centre Government is ready to face the more challenges, if come their way.
Very importantly, PIL (Public Interest Litigation) is for the welfare of the Society and such PIL(s) also helps the Government to understand the need of the hour of the public at large and reach them with the helping hands. Nevertheless, acceptance of this quarry, the Government believes in criticizing.
I condemn the statement of the Law Minister, especially against the litigant(s) and Advocate(s) who are raising voice and fighting for the social welfare and justice being an officer of the CONSTITUTION.
Law Minister’s statement shows the dark side of the Government Policies.