Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"Public interest litigation is a tool to protect fundamental rights of persons or group of persons who are unable to approach the court due to poverty or social and economic conditions." Critically analyze this statement.
The statement accurately captures the essence and objective of Public Interest Litigation (PIL) in India. Emerging in the late 1970s through the activism of judges like P.N. Bhagwati and V.R. Krishna Iyer, PIL revolutionized access to justice by relaxing locus standi and allowing any public-spirited individual or body to seek enforcement of the fundamental rights of marginalized groups.
Strengths: PIL has served as a tool of social justice by ensuring access to courts for disadvantaged communities such as prisoners, bonded labourers, child workers, and environmental victims. It gives voice to those unable to approach courts themselves and has led to systemic reforms through landmark cases like M.C. Mehta, thereby enforcing collective rights.
Challenges: However, PIL has been criticized for misuse, often degenerating into “private interest” or “publicity interest” litigation. Concerns also arise over judicial overreach, reliance on incomplete data, and courts straying into policy-making.
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