Mains Focus – 5th Sept 2025

Question

Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary?

Answer

Public Interest Litigation (PIL) in India

Public Interest Litigation (PIL) has transformed the Indian judiciary into a proactive instrument for protecting the rights of the marginalized and ensuring accountability of state institutions. Rooted in Articles 32 and 226 of the Constitution, PIL empowers citizens, NGOs, and activists to seek justice on behalf of disadvantaged groups, thereby expanding access to justice.

Reasons for Growth of PIL in India

• Judicial Activism: Expansion of locus standi under Justice P.N. Bhagwati enabled wider access to courts.
  • Example: Hussainara Khatoon vs. State of Bihar (1979) – secured rights of undertrial prisoners.

• Safeguarding Marginalised Groups: Courts intervened where the executive failed to protect vulnerable communities.
  • Example: Bandhua Mukti Morcha vs. Union of India (1984) – eradication of bonded labour.

• Simplified Access to Justice: Relaxed procedures allowed NGOs and activists to represent those unable to approach courts.
  • Example: PUCL vs. Union of India (2001) – led to the Right to Food campaign.

• Media Support: Extensive coverage of PIL cases created public pressure and awareness.
  • Example: Narmada Bachao Andolan (2000) – raised issues of displacement due to dams.

• Legal Aid Movements: Free legal services boosted citizen participation.
  • Example: Legal Services Authorities Act, 1987 institutionalized free legal aid.

• Judicial Check on Executive Inaction: Courts compelled the state to act on neglected issues.
  • Example: Vishaka vs. State of Rajasthan (1997) – guidelines on workplace sexual harassment.

• Technological Advancements: Digitization and e-filing widened public participation.
  • Example: Online filings during COVID-19 expanded PIL accessibility.
    

Supreme Court as the World’s Most Powerful Judiciary through PIL

• Expansive Interpretation of Rights: PILs broadened Article 21 to include environmental and social rights.
  • Example: MC Mehta vs. Union of India (1986) – Right to clean environment.

• Intervention in Governance: Courts shaped policy in areas traditionally reserved for the executive.

• Judicial Review Powers: Asserted authority over constitutional amendments and policies.
  • Example: Kesavananda Bharati (1973) – Basic Structure Doctrine.

• Decentralised Powers: Exercising original, appellate, and advisory jurisdiction expanded judicial reach.
  • Example: Shah Bano case (1985) – intervention in personal laws.

• Global Recognition: Indian PIL model praised worldwide for advancing social reform.
  • Example: Navtej Singh Johar (2018) – decriminalisation of homosexuality.

Making PIL More Effective

• Stricter Admissibility: Prevent frivolous or politically motivated PILs.

• Specialised Benches: Dedicated benches for environment, health, and education.
  • Example: Green Bench in Kolkata High Court.

• Clear Legal Framework: Codified guidelines on scope and admissibility of PILs.

• Self-Regulation by Lawyers: Prevent misuse through professional ethics.

• Public Awareness: Legal literacy campaigns to promote responsible use of PIL.
  

Conclusion

PIL has become a cornerstone of social justice and legal reform in India, enabling the judiciary to act as the “last resort of the oppressed”. However, to sustain its credibility, reforms must focus on filtering frivolous cases, enhancing efficiency, and ensuring that PIL continues to serve genuine public interest while maintaining balance between judiciary and executive.

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