Mains Focus – 9th Dec 2025
Question
Explain the reasons for the growth of Public Interest Litigation (PIL) 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) emerged in India during the late 1970s and early 1980s, primarily under Justice P.N. Bhagwati and Justice V.R. Krishna Iyer. It transformed the traditional rule of locus standi and allowed any concerned citizen to approach the court for enforcement of rights of the disadvantaged. This innovation made the Indian judiciary a crucial instrument of social justice and governance reform.
1. Reasons for the Growth of PIL in India
A. Socio-economic and political factors
- Widespread poverty and illiteracy made access to justice difficult for vulnerable groups.
- Weak implementation of welfare laws required judicial intervention to uphold rights.
- Administrative inefficiency and corruption prompted courts to act as corrective mechanisms.
B. Judicial innovation and activism
- Relaxation of locus standi allowed any public-spirited person to file cases.
- Acceptance of epistolary jurisdiction (letters converted to writ petitions).
- Courts’ recognition of Directive Principles as enforceable via expanded Fundamental Rights (e.g., Right to Livelihood, Right to Environment).
C. Role of civil society and media
- Rising awareness and mobilization by NGOs and activists.
- Media support highlighted injustices, encouraging public interest cases.
D. Gaps in executive accountability
- PIL served as an instrument to check executive excesses, human rights violations, and environmental degradation.
2. Has PIL Made the Supreme Court the World’s Most Powerful Judiciary?
Arguments Supporting This View
- Supreme Court can strike down laws, review government policies, and issue binding guidelines (Vishaka, Prakash Singh).
- Powers of judicial review, judicial activism, and continuing mandamus are unmatched globally.
- Expansion of Fundamental Rights created a broad sphere of judicial intervention, from environmental protection to governance reforms.
Counter-View
- Excessive activism may blur separation of powers.
- Some democracies (e.g., US Supreme Court) also exercise strong review powers.
Conclusion
The rise of PIL has made the Indian judiciary an accessible, rights-protective, and reform-oriented institution. While calling it the “world’s most powerful judiciary” may be debatable, it is certainly among the most expansive and activist courts, wielding far-reaching influence on governance, social justice, and public accountability.
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