Q. 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?

Model Answer:

Public Interest Litigation (PIL)

Public Interest Litigation (PIL) in India has grown significantly since its inception in the 1980s. The reasons for this growth include:

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

• Judicial activism: The judiciary took a proactive stance in addressing social issues. The Vishaka case (1997) is a prime example, where the court laid down guidelines for preventing sexual harassment at workplaces.

• Socio-economic conditions: Widespread poverty and governance gaps necessitated judicial intervention. The Right to Food case (2001) led to the implementation of mid-day meal schemes in schools.

• 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.

• Increased awareness: Growing rights consciousness led to more people seeking judicial remedies for societal issues.

As a result, the Indian Supreme Court has emerged as a powerful judiciary:

• Expanded jurisdiction: The court now addresses various social and environmental issues. In M.C. Mehta v. Union of India (1988), it tackled environmental pollution, leading to the closure of polluting tanneries.

• Policy influence: PILs have shaped government policies. The Vineet Narain case (1998) led to systemic changes in the CBI’s functioning.

• Monitoring role: The court issues directives to executive bodies and monitors implementation. In the 2G spectrum case (2012), it oversaw the investigation and cancelled 122 telecom licenses.

• 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.

• Global precedent: The Indian model of PIL has influenced judicial systems in other countries, particularly in South Asia.

Conclusion: PILs have transformed India’s Supreme Court into a powerful institution with far-reaching influence on governance and social justice.