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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?

This question was previously asked in
UPSC CSE 2024 (Prelims) CSAT Previous Year Paper (16-Jun-2024)

Public Interest Litigation (PIL) in India has witnessed significant growth due to several interconnected factors. A primary reason is the proactive stance of judicial activism, especially since the late 1970s and early 1980s, which saw judges like P.N. Bhagwati relaxing the traditional rule of 'locus standi'. This allowed public-spirited citizens or organizations to approach courts on behalf of marginalized or unrepresented sections of society, broadening access to justice. The widespread poverty, social injustice, and human rights violations, coupled with governmental and bureaucratic apathy or inaction, also created a fertile ground for PIL. Furthermore, the expansive interpretation of fundamental rights, particularly Article 21 (Right to Life), by the Supreme Court to include aspects like the right to a healthy environment, education, and livelihood, provided a constitutional basis for judicial intervention in diverse public issues. Media attention and the increasing awareness among citizens about their rights have also played a crucial role in bringing public grievances to the judiciary.

As a result of PIL, the Indian Supreme Court has indeed emerged as one of the most powerful judiciaries globally, often stepping into policy-making and executive domains. It has a unique power to direct the executive and legislature, often shaping governance, environmental protection, and human rights. However, whether it is the "most powerful" is debatable. While its expansive scope and activist role are unparalleled in many democracies, its power is derived from the Constitution and relies on the executive for implementation. Concerns about judicial overreach, the burden of litigation, and the potential for misuse of PIL for private interests also temper this assessment. It's powerful in its interpretive and interventionist capacity, but operates within the checks and balances of a democratic framework.

Answered By:

Sakshi Negi

Sakshi Negi is a Delhi-based journalist and content specialist with expertise in educational content and digital media, focusing particularly on government exam preparation and career guidance. With a degree in Journalism and Mass Communication from NRAI School of Mass Communication and her background as a Kendriya Vidyalaya alumna, she brings unique insights into the Indian education system and government sector opportunities.

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