Roadmap for Answer Writing 1. Introduction Define secularism and its importance in modern governance. Introduce the concept of secularism in India and the United States. 2. India as a Secular State Constitutional Framework Emphasize the constitutional guarantee of secularism. Fact: The term “secular” was added to the ...
Model Answer Introduction Public Interest Litigation (PIL) has fundamentally reshaped the judicial system in India by empowering courts to champion the rights of marginalized communities. Rooted in Articles 32 and 226 of the Indian Constitution, PIL enables individuals or groups to file petitions inRead more
Model Answer
Introduction
Public Interest Litigation (PIL) has fundamentally reshaped the judicial system in India by empowering courts to champion the rights of marginalized communities. Rooted in Articles 32 and 226 of the Indian Constitution, PIL enables individuals or groups to file petitions in the High Courts and Supreme Court on behalf of those whose rights are under threat, expanding judicial reach.
Reasons for the Growth of Public Interest Litigation in India
- Judicial Activism: The Supreme Court, particularly under Chief Justice P.N. Bhagwati, expanded locus standi to empower disadvantaged groups to seek justice, marking a shift towards judicial activism. For example, the Hussainara Khatoon vs. State of Bihar (1979) case highlighted judicial activism in addressing the rights of undertrial prisoners .
- Protection of Marginalised Groups: PILs have played a vital role in safeguarding the rights of vulnerable populations and the environment, often stepping in where government actions have been inadequate. The Bandhua Mukti Morcha vs. Union of India (1984) case addressed the plight of bonded labourers, leading to significant social reforms .
- Simplified Access to Justice: By relaxing locus standi, PILs have enabled NGOs and activists to represent marginalized groups, ensuring that those who cannot approach the court directly have their issues addressed. The PUCL vs. Union of India (2001) case allowed NGOs to act on behalf of starving citizens, leading to the Right to Food campaign .
- Media Influence: The media has played a significant role in raising awareness about key PIL cases, shaping public opinion and influencing more litigations focused on public welfare. The Narmada Bachao Andolan case (2000) garnered massive media attention, raising awareness about dam displacement issues .
- Judicial Response to Executive Inaction: PILs have often been used as a tool to compel government action where the executive has fallen short of addressing critical public concerns. For instance, in the Vishaka vs. State of Rajasthan (1997) case, the Supreme Court established guidelines to prevent sexual harassment in the workplace, compelling the government to take action.
Supreme Court Emerging as the World’s Most Powerful Judiciary
The Indian Supreme Court has emerged as a powerful judiciary through its expansive interpretation of rights and intervention in governance. It has used PILs to broaden the interpretation of constitutional rights, influencing legislative domains. For example, in the MC Mehta vs. Union of India (1986) case, a PIL prompted the Supreme Court to broaden the interpretation of the right to a healthy environment under Article 21 . The court’s ability to intervene in policy-making and its broad judicial review powers have allowed it to examine the constitutionality of legislative and executive actions, giving it immense influence over national policies.
Conclusion
The innovative use of PIL has positioned the Indian Supreme Court as a powerful force for social justice and legal reform, addressing systemic issues and protecting the rights of marginalized communities. However, to maintain its efficacy, reforms to the PIL process must prioritize public interest while ensuring judicial balance.
See less
Model Answer India as a Secular State Secularism is fundamental to modern democratic governance, guaranteeing the separation of religion from the state. In India, secularism is constitutionally enshrined, ensuring that no religion is favored by the state. The term "secular" was officially added to tRead more
Model Answer
India as a Secular State
Secularism is fundamental to modern democratic governance, guaranteeing the separation of religion from the state. In India, secularism is constitutionally enshrined, ensuring that no religion is favored by the state. The term “secular” was officially added to the Constitution by the 42nd Amendment in 1976.
Constitutional Guarantee
The Indian Constitution emphasizes secularism by ensuring religious freedom, equality, and state neutrality towards all religions. Articles 25-28 guarantee the right to freedom of religion and the management of religious affairs, fostering inclusivity.
Pluralistic Society
India’s secular state embodies pluralism, promoting equality among diverse religious communities. The separation of personal laws respects religious autonomy, guiding civil matters like marriage and inheritance. For instance, the Hindu Marriage Act (1955) and the Muslim Personal Law (Shariat) Application Act (1937) reflect this approach.
Judicial Protection
India’s judiciary plays a crucial role in balancing secularism with personal faith. Landmark cases such as the Shah Bano case (1985) and the Sabarimala Judgment (2018) illustrate the tensions between religious practices and constitutional rights.
Secular Policies
Government programs, like the Midday Meal Scheme (1995) and Sarva Shiksha Abhiyan (2001), ensure equitable access to services irrespective of religion, reinforcing the nation’s secular commitment.
Comparison with US Secular Principles
Constitutional Enshrinement and Political Neutrality
Both India and the US emphasize the separation of religion from the state. The First Amendment in the US and Articles 25-28 in India prohibit the establishment of a state religion.
Freedom of Religion
Both countries guarantee individual religious freedoms. Article 25 of the Indian Constitution parallels the First Amendment in protecting the right to practice religion freely.
Judiciary’s Role
Courts in both nations uphold secular values. The US Supreme Court’s Engel v. Vitale (1962) and India’s Kesavananda Bharati (1973) reaffirm the importance of secularism.
Protection Against Discrimination
Legal frameworks in both countries protect citizens from religious discrimination. The Civil Rights Act in the US and Articles 14 and 15 of the Indian Constitution ensure equal rights.
Differences with US Secular Principles