QUES . 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? UPSC MAINS 2024 GS PAPER 2

HINTS:

Public Interest Litigation (PIL) means a case or petition filed before a court to protect, safeguard or enforce public interest. PILs are filed to resolve a problem affecting the legal rights of a community or the public at large. Public Interest Litigation (PIL) in India has grown significantly since its inception in the 1980s.

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Reasons for the Growth of Public Interest Litigation in India

Relaxation of locus standi:

The Supreme Court eased rules for filing cases, allowing any public-spirited individual to petition on behalf of the marginalized.

Socio-economic conditions:

Widespread poverty and governance gaps has necessitated judicial intervention.

Societal Concerns:

Issues such as environmental degradation, human rights violations, and corruption became areas where citizens could seek judicial intervention, pushing PIL cases to the forefront.

Judicial activism:

The judiciary took a proactive stance in addressing social issues. Judges like P.N. Bhagwati and V.R. Krishna Iyer promoted PILs as a vehicle for ensuring fundamental rights as enshrined under Article 32 and way to address grievances related to social and economic injustice.

Must read: Judicial Activism – a critical appraisal

Must read: Difference between judicial activism and judicial overreach

Constitutional Interpretation:

Liberal interpretation of fundamental rights broadened the scope for PILs. In Maneka Gandhi v. Union of India (1978), the court expanded the interpretation of Article 21.

Media Attention:

Media coverage of PIL cases has increased public awareness, making the judiciary a platform for addressing wide-ranging societal problems.

Executive and Legislative Inaction:

PILs grew due to perceived inefficiencies or failures of the executive and legislative branches in addressing important social and political issues.

Increased awareness:

Growing rights consciousness led to more people seeking judicial remedies for societal issues.

Access to Justice:

PILs has made it easier for marginalized and disadvantaged sections of society to approach the courts.

Has the Indian Supreme Court Emerged as the World’s Most Powerful Judiciary due to the Growth of Public Interest Litigation?

The growth of Public Interest Litigation has strengthened the Indian Supreme Court in many ways:

Expanded jurisdiction:

Through Public Interest Litigations (PILs), the Indian Supreme Court has actively addressed key social and political issues, such as the right to privacy (Puttaswamy judgment) and environmental protections.

Transformation into an Institution of Governance:

PIL has transformed Indian judiciary into an “institution of governance,” taking on functions traditionally vested in the executive and legislative branches.

Policy influence:

PILs have shaped government policies.

Monitoring role:

The court issues directives to executive bodies and monitors implementation.

Constitutional guardian:

PILs have reinforced the court’s role as the protector of rights. The Right to Privacy judgment (2017) declared privacy a fundamental right.

Judicial Review:

The Court exercises powerful judicial review, overturning executive and legislative decisions.

However, it would not be correct to remark that Indian Supreme Court has emerged as the World’s Most Powerful Judiciary due to the Growth of Public Interest Litigation. Reasons being:

֍Lack of implementation of court verdicts hinder the successful implementation of PIL.

֍Inefficiency and delays are often associated with Indian Judiciary and Supreme Court and in turn PILs are no exception.

֍Supreme Court is often criticised for inconsistent decision-making leading to divided public opinion and later contradictions.

֍Executive at the top levels (President and Vice-President) have often criticised the Supreme Court for negating the Rule of Separation of Powers.

Conclusion:

No doubt PILs have transformed India’s Supreme Court into a powerful institution with far-reaching influence on governance and social justice. But PILs have not made Supreme Court, the world’s most powerful judiciary. In fact, there is a need for Judicial restraint in its activism to avoid Judicial overreach by the Supreme Court.