Answer

Public Interest Litigation (PIL) has fundamentally reshaped the judicial system in India by empowering courts to champion the rights of marginalised communities. Rooted in Articles 32 and 226 of the Indian Constitution, PIL enables individuals or groups to file petitions in the High Courts and Supreme Court on behalf of those whose rights are under threat, expanding judicial reach.

Reasons for the Growth of Public Interest Litigation in India

• Judicial Activism: The Supreme Court, particularly under Chief Justice P.N. Bhagwati, expanded locus standi to empower disadvantaged groups to seek justice, marking a shift towards judicial activism.
  For example: The Hussainara Khatoon vs. State of Bihar (1979) case highlighted judicial activism in addressing the rights of undertrial prisoners.
• Protection of Marginalised Groups: PILs have played a vital role in safeguarding the rights of vulnerable populations and the environment, often stepping in where government actions have been inadequate.
  For example: The Bandhua Mukti Morcha vs. Union of India (1984) case addressed the plight of bonded labourers, leading to significant social reforms.
• Simplified Access to Justice: By relaxing locus standi, PILs have enabled NGOs and activists to represent marginalised groups, ensuring that those who cannot approach the court directly have their issues addressed.
  For example: The PUCL vs. Union of India (2001) case allowed NGOs to act on behalf of starving citizens, leading to the Right to Food campaign.
• Media Influence: The media has played a significant role in raising awareness about key PIL cases, shaping public opinion and influencing more litigations focused on public welfare.
  For example: The Narmada Bachao Andolan case (2000) garnered massive media attention, raising awareness about dam displacement issues.
• Legal Aid Movements: Legal aid movements and the provision of free legal services have enabled more citizens to approach the courts for justice, boosting the number of PILs filed.
  For example: The Legal Services Authorities Act, 1987 provided a framework for free legal aid, allowing underprivileged citizens to seek judicial intervention through PILs.
• Judicial Response to Executive Inaction: PILs have often been used as a tool to compel government action where the executive has fallen short of addressing critical public concerns.
  For example: In the Vishaka vs. State of Rajasthan (1997) case, the Supreme Court established guidelines to prevent sexual harassment in the workplace, compelling the government to take action.
• Technological Advancements: The digitization of court records and accessibility of legal resources online has enabled citizens to file PILs with greater ease, broadening public engagement with the judiciary.
  For example: The introduction of e-filing by the Supreme Court has increased accessibility to legal services, particularly during the COVID-19 pandemic.

Supreme Court emerging as the World’s Most Powerful Judiciary:

• Expansive Interpretation of Rights: The Indian Supreme Court has used PIL for broad interpretation of constitutional rights broadly, addressing social issues through its judgments, sometimes influencing legislative domains.
  For example: In the MC Mehta vs. Union of India (1986) case, a PIL prompted the Supreme Court to broaden the interpretation of the right to a healthy environment under Article 21.
• Intervention in Governance: Through PIL, the Supreme Court has often ventured into policy-making, traditionally the domain of the executive, thereby influencing governance in critical areas.
• Scope of Judicial Review: The Indian Supreme Court’s broad judicial review powers allow it to examine the constitutionality of legislative and executive actions, giving it immense influence over national policies.
  For example: In the Kesavananda Bharati case (1973), the Supreme Court asserted its right to review amendments to the Constitution.
• Decentralised Judicial Powers: The Supreme Court exercises original, appellate, and advisory jurisdiction, allowing it to handle a wide range of matters, including PILs that directly affect national and state governance.
  For example: The Shah Bano case (1985) demonstrated the court’s ability to intervene in matters of personal law, influencing national debates.
• Global Recognition: The proactive use of PIL in India has gained international recognition, with legal scholars citing it as an example of how judicial power can advance social reforms.
  For example: The decriminalisation of homosexuality (2018) was lauded internationally for its recognition of rights of homosexuals.

How Public Interest Litigation in India can be made more effective:

• Stricter Admissibility Criteria: The Supreme Court could implement stricter criteria for admitting PILs to filter out frivolous cases and focus on genuine public interest matters.
  For instance: The S. Supreme Court follows a stringent standard for hearing public interest cases, which could serve as a model for India.
• Specialised Benches: Establishing specialised benches for handling specific PIL issues like environment, health, and education could enhance judicial efficiency and ensure better-informed judgments.
  For example: The Green Bench in the Kolkata High Court serves as a model for handling environmental cases.
• Enhanced Legal Framework: Developing a clear legal framework for PIL cases would reduce the ambiguity and prevent their misuse.
  For instance: The Law Commission of India could propose guidelines to clarify what constitutes a public interest case.
• Encouraging Self-Regulation: Promoting self-regulation among legal professionals can help curb the misuse of PILs by ensuring lawyers file cases only in genuine cases.
  For instance: The American Bar Association’s Model Rules can serve as a guideline for India’s legal professionals.
• Public Awareness and Participation: Enhancing public awareness about the proper use of PIL would ensure more meaningful litigation, ensuring responsible judicial engagement.
  For example:The Legal Services Authorities, through legal education and public awareness campaigns can play a crucial role in empowering citizens with knowledge about their legal rights.

The Supreme Court of India, through the innovative use of PIL, has become a powerful force for social justice and legal reform. As Justice P.N. Bhagwati noted, the judiciary must become the “last resort for the oppressed and the bewildered.” To ensure its efficacy, reforms to the PIL process must prioritise public interest while maintaining judicial balance.

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