Is ‘Abolition’ the answer to the PIL problem?

Fifty years since its introduction, Public Interest Litigation faces an existential challenge as the central government insists on its misuse, pushing for its abolition in the Supreme Court. Speaking to The Leaflet, lawyers and experts share thoughts on the future of the PIL and the problems of an ‘abolition’ demand.
Is ‘Abolition’ the answer to the PIL problem?
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ON APRIL 8, 2026, while arguing before the nine-judge Bench in the Sabrimala reference, Solicitor General Tushar Mehta urged the Supreme Court to remove Public Interest Litigation (‘PIL’) as a concept altogether. Questioning the relevance of such petitions, he asked, “In this day and age, why should such PILs be entertained?” According to the Centre, many PILs now being filed were motivated and at the behest of undisclosed interests. 

Chief Justice of India Surya Kant responded saying that the courts were cautious. That same day, Justice B.V. Nagarathna observed that the petition challenging the temple entry practice should not have been fit to be entertained in the first place as no genuine devotee, according to her, would have challenged such a practice.  

“Pub­lic Interest Lit­ig­a­tion has now become Private Interest Lit­ig­a­tion, Pub­li­city Interest Lit­ig­a­tion, Paisa Interest Lit­ig­a­tion and Polit­ical Interest Lit­ig­a­tion,” Justice Nagarathna observed on May 5, adding that, “all are called PILs, but we enter­tain only real and genu­ine PILs”

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