Q.14. 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? [UPSC 2024 GS P-2]

Reasons for the Growth of Public Interest Litigation (PIL) in India:

Public Interest Litigation (PIL) in India has evolved as a significant tool for judicial activism, enabling the courts to address issues affecting the general public, particularly disadvantaged sections of society. Several reasons have contributed to its growth:

1. Judicial Activism:
   • The proactive role of the judiciary, especially since the 1980s, encouraged PILs. Judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer expanded the scope of judicial review and allowed cases of public importance to be taken up directly by the courts.
2. Liberalization of Locus Standi:
   • Traditionally, only aggrieved parties could approach the courts. With PIL, the courts liberalized the locus standi (legal standing) rule, allowing any person or organization to file petitions on behalf of those who are unable to do so, such as marginalized groups or individuals facing social, economic, or environmental injustices.
3. Expanding Scope of Fundamental Rights:
   • The Supreme Court, through PIL, expanded the interpretation of Article 21 (Right to Life and Personal Liberty) to include a wide range of socio-economic rights, such as the right to clean air, health, education, and livelihood, giving rise to numerous PILs in areas of public concern.
4. Socio-Economic Issues:
   • The PIL mechanism has been used to address pressing socio-economic issues, such as environmental degradation, corruption, human rights violations, and inhumane conditions in prisons and mental institutions. This was due to the failure of executive and legislative bodies to address these issues effectively.
5. Media and Civil Society Support:
   • The role of civil society organizations, non-governmental organizations (NGOs), and the media has been crucial in the growth of PILs. These groups often file PILs to bring social injustices and public grievances to the notice of the courts.
6. Judicial Redress for the Marginalized:
   • PILs have been instrumental in ensuring access to justice for marginalized communities and underprivileged groups who often lack the resources or knowledge to approach the courts themselves. PIL has allowed issues like bonded labor, child labor, environmental conservation, and women’s rights to be addressed.
7. Public Confidence in the Judiciary:
   • The growth of PILs reflects the public’s increasing faith in the judiciary as a protector of fundamental rights and a check on the executive and legislative branches. The courts became a forum for addressing the failures or inaction of other branches of government.

Has the Indian Supreme Court Emerged as the World’s Most Powerful Judiciary?

In many respects, the Indian Supreme Court has emerged as one of the most powerful judiciaries in the world due to its wide-ranging powers and the judicial activism exercised through PILs. Here’s why:

1. Judicial Review and PIL:
   • The Supreme Court of India has wide-ranging powers of judicial review, which enable it to strike down laws and executive actions that violate the Constitution. Through PILs, it has expanded its role as the guardian of the Constitution and a protector of fundamental rights. The court has taken on an active role in shaping public policy through its interventions in areas like environmental law, corruption, and social justice.
2. Expansion of Fundamental Rights:
   • The court’s interpretation of Article 21 has vastly expanded fundamental rights to include a variety of socio-economic entitlements, which goes beyond the traditional scope of judiciary powers in other countries. Rights such as the right to a clean environment, right to education, and right to shelter have been interpreted under this provision, giving the court significant authority over public policy.
3. Judicial Activism:
   • Indian courts, especially the Supreme Court, have embraced judicial activism much more than courts in other democracies. This activism has allowed the judiciary to step in where the executive or legislature has failed to act, whether it’s in matters of governance, corruption, environmental issues, or the protection of human rights.
4. Power to Enforce Directives:
   • The Supreme Court of India not only interprets the law but often issues binding directives to the government, which is rare for courts in other countries. For example, the Supreme Court has issued orders on matters ranging from pollution control in Delhi to prison reforms, effectively taking on administrative functions when necessary.
5. Suo Motu Cognizance:
   • The court’s ability to take suo motu cognizance (act on its own initiative) of matters affecting public interest further enhances its power. This means that even without a formal petition, the court can intervene in cases where it deems that justice needs to be served. This power is not common in most other judiciaries around the world.
6. Judicial Independence:
   • The Indian Supreme Court has maintained a high degree of judicial independence, particularly through its power to appoint judges via the collegium system, which is rare compared to other democratic countries. This system has allowed the judiciary to function relatively free from political interference, strengthening its position as a powerful institution.
7. Influence on Governance:
   • In some instances, the judiciary has influenced policy-making and governance, sometimes blurring the lines between judicial and executive functions. Through its rulings on issues like police reforms, electoral reforms, and pollution control, the court has become a key player in public governance.

Criticisms of Judicial Overreach:

While the Supreme Court of India is powerful, there are concerns regarding judicial overreach. Critics argue that the judiciary, by intervening in matters traditionally reserved for the executive or legislature, may sometimes overstep its mandate, creating tensions between branches of government.

1. Interference in Executive Functions:
   • Some argue that the judiciary’s active involvement in governance matters can weaken the executive’s authority and create a situation where courts are making decisions on policy and administration, which is not within their traditional purview.
2. Delay in Delivery of Justice:
   • The growth of PIL has led to a significant increase in the number of cases before the courts, often leading to delays in delivering justice in regular cases. Critics argue that while PIL is beneficial, it sometimes diverts the court’s attention from other pressing legal matters.

Conclusion:

The Indian Supreme Court has indeed emerged as one of the most powerful judicial institutions in the world, largely due to its expansive use of PIL and its proactive role in protecting rights and addressing issues of public interest. The liberalization of locus standi and the court’s willingness to engage in judicial activism have strengthened its role in governance. However, there remains a need for balance to ensure that the judiciary respects the separation of powers while continuing to act as a check on the other branches of government.