Judiciary

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

1. 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 .
2. 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 .
3. 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 .
4. 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 .
5. 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.