Roadmap for Answer Writing
1. Introduction
- Briefly introduce Public Interest Litigation (PIL) and its significance in the Indian judicial system.
- State its foundation in Articles 32 and 226 of the Indian Constitution.
2. Reasons for the Growth of Public Interest Litigation in India
- Judicial Activism
- Discuss the role of the Supreme Court, especially under Chief Justice P.N. Bhagwati.
- Fact: In Hussainara Khatoon vs. State of Bihar (1979), the Court addressed the rights of undertrial prisoners, exemplifying judicial activism.
- Protection of Marginalised Groups
- Highlight how PILs safeguard vulnerable populations and the environment.
- Fact: The Bandhua Mukti Morcha vs. Union of India (1984) case led to reforms for bonded labourers.
- Simplified Access to Justice
- Explain the relaxation of locus standi for NGOs and activists.
- Fact: The PUCL vs. Union of India (2001) case allowed NGOs to advocate for starving citizens, resulting in the Right to Food campaign.
- Media Influence
- Discuss the role of media in raising awareness about PILs.
- Fact: The Narmada Bachao Andolan case (2000) gained significant media attention, highlighting issues of dam displacement.
- Judicial Response to Executive Inaction
- Explain how PILs compel government action on public concerns.
- Fact: In Vishaka vs. State of Rajasthan (1997), the Supreme Court established guidelines to prevent sexual harassment, prompting legislative action.
- Legal Aid Movements
- Discuss how legal aid has facilitated access to PILs.
- Fact: The Legal Services Authorities Act, 1987 provides a framework for free legal aid for underprivileged citizens.
- Technological Advancements
- Mention how digitization has improved access to justice.
- Fact: E-filing introduced during the COVID-19 pandemic has increased accessibility.
3. Has the Indian Supreme Court Emerged as the World’s Most Powerful Judiciary?
- Expansive Interpretation of Rights
- Discuss how the Court has broadened constitutional rights through PILs.
- Fact: The MC Mehta vs. Union of India (1986) case expanded the right to a healthy environment under Article 21.
- Intervention in Governance
- Explain the Court’s role in policy-making.
- Fact: The Kesavananda Bharati case (1973) established the Court’s authority to review constitutional amendments.
- Scope of Judicial Review
- Highlight the Court’s ability to assess the constitutionality of legislative and executive actions.
- Decentralised Judicial Powers
- Discuss the Supreme Court’s various jurisdictions that enhance its influence.
- Fact: The Shah Bano case (1985) demonstrated this in personal law matters.
- Global Recognition
- Talk about how India’s approach to PIL has garnered international acclaim.
- Fact: The decriminalization of homosexuality in 2018 was recognized globally for advancing rights.
4. Conclusion
- Summarize the transformative impact of PIL on Indian judicial practices.
- Reflect on the need for reforms to sustain the efficacy of PIL while balancing judicial powers.
Relevant Facts and Sources
- Hussainara Khatoon vs. State of Bihar (1979) – Addressed the rights of undertrial prisoners.
- Bandhua Mukti Morcha vs. Union of India (1984) – Led to significant reforms for bonded labourers.
- PUCL vs. Union of India (2001) – Allowed NGOs to advocate for citizens’ rights.
- Narmada Bachao Andolan (2000) – Media’s role in raising awareness about displacements.
- Vishaka vs. State of Rajasthan (1997) – Established guidelines against sexual harassment.
- Legal Services Authorities Act, 1987 – Framework for providing free legal aid.
- MC Mehta vs. Union of India (1986) – Expanded the interpretation of environmental rights.
- Kesavananda Bharati case (1973) – Asserted the Court’s power to review constitutional amendments.
- Shah Bano case (1985) – Intervention in personal law, influencing national debates.
- Decriminalization of Homosexuality (2018) – International recognition of social reform.
This roadmap will facilitate a structured and comprehensive answer to the question, ensuring all relevant aspects are covered while providing supporting facts.
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
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.