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Question

Given below are two statements, one is labelled as Assertion (A) and the other as Reason (R).
Assertion (A): Public Interest Litigation in India is essential for the rule of law.
Reason (R): Public Interest Litigation provides effective access of Justice to socially and economically weaker sections.
Select the correct answer from the code given below:

The correct answer is
Both (A) and (R) are true and (R) is the correct explanation of (A).

Assertion Analysis: Public Interest Litigation and Rule of Law

Assertion (A) states that Public Interest Litigation (PIL) in India is essential for the rule of law. Let's break this down:

  • The rule of law basically means that every person is subject to the law, and no one is above it. It ensures fairness, accountability, and predictability in how laws are applied.
  • Public Interest Litigation (PIL) is a unique legal mechanism in India that allows courts to intervene in matters of public importance. It allows individuals or groups to bring issues of public concern, especially those affecting the disadvantaged, to the notice of the courts.
  • By enabling cases to be brought forward that might otherwise be ignored due to the lack of resources or awareness among affected people, PIL helps ensure that laws are applied equally and that government bodies and authorities act within legal boundaries. This directly supports and strengthens the rule of law.

Therefore, Assertion (A) is factually true.

Reason Analysis: PIL and Access to Justice

Reason (R) states that Public Interest Litigation provides effective access of Justice to socially and economically weaker sections.

  • Traditionally, legal systems require individuals to bear the costs and complexities of litigation. This often prevents poor or marginalized individuals from seeking justice, even when their rights are violated.
  • PIL was developed precisely to overcome this barrier. It allows letters, petitions, or even newspaper reports about injustices faced by the underprivileged to be treated as formal cases by the courts.
  • This significantly lowers the barrier to entry for the weaker sections of society, giving them a more effective way to approach the courts and seek remedies for their grievances.

Thus, Reason (R) is also factually true.

Relationship Between Assertion and Reason

Now, let's see if Reason (R) correctly explains Assertion (A).

  • Assertion (A) talks about PIL being essential for the rule of law.
  • Reason (R) explains that PIL provides crucial access to justice for the weaker sections.
  • The connection is clear: When the most vulnerable members of society can effectively access the justice system (as explained in R), it ensures that legal rights and protections are not just theoretical but are actually applied to everyone. This broad application of law and justice, facilitated by PIL for the disadvantaged, is a cornerstone of the rule of law (as stated in A).
  • Therefore, providing access to justice to weaker sections is a primary way in which PIL upholds the rule of law in India.

Conclusion: Both statements are true, and Reason (R) serves as a correct explanation for Assertion (A).

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Important Questions from Judiciary-Supreme Court & High Courts

  1. With reference to India, consider the following statements :

    1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.

    2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

    Which of the statements given above is/are correct ?

  2. Which one of the following statements is not correct?
    (a) The Supreme Court of India is a Court of Record.
    (b) High Courts in India are Courts of Record.
    (c) Subordinate Courts in India are Courts of Record.
    (d) All Courts in India are not Courts of Record.

  3. Consider the following pairs : 

    1. Enlargement of Jurisdiction of the Supreme Court: Article 138A of Constitution of India. 

    2. Conferment on the Supreme Court of powers to issue certain writs : Article 139A of Constitution of India.

     3. Civil and judicial authority to act in aid of the Supreme Court : Article 144A of the Constitution of India. 

    How many of the above pairs are correctly matched?

  4. Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?
  5. The locus standi rule to move the court was liberalized by the case of:
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