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? (250 words)
Public Interest Litigation (PIL) in India has grown significantly since the 1980s, enabling the judiciary to protect the rights of marginalized groups and enhance social justice.
Reasons for the Growth of Public Interest Litigation in India
- Judicial Activism: The proactive stance of courts in addressing social injustices has encouraged the rise of PILs.
- Access to Justice: PILs enable individuals, NGOs, and organizations to seek justice for the underprivileged, widening access to the legal system.
- Expanding Fundamental Rights: The Supreme Court’s broader interpretation of rights, such as Article 21 (Right to Life), has allowed PILs to address diverse issues.
- Role of Media and Civil Society: Increased awareness through media and activism has boosted the filing of PILs on environmental, human rights, and corruption issues.
- Executive Inaction: Inadequate response from the executive has led to the judiciary addressing matters of public concern through PILs.
Has the Indian Supreme Court Emerged as the World’s Most Powerful Judiciary?
- Judicial Activism and Overreach: The Supreme Court’s involvement in executive and legislative matters, seen in cases like the Vishaka guidelines (1997) and Sabarimala verdict (2018), highlights its extensive power.
- Judicial Review: The Court’s ability to strike down unconstitutional laws, as in the Right to Privacy (2017) case, emphasizes its authority.
- Comparative Influence: The Indian judiciary’s reach is broader than many others, often intervening in socio-economic issues more assertively.
Conclusion
PILs have elevated the Indian Supreme Court’s power, making it one of the most influential judiciaries globally. Balancing this power is essential for democratic integrity.
