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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?

Answer:-

  • Public Interest Litigation (PIL) has fundamentally transformed the Indian judicial system by enabling courts to safeguard the rights of marginalized communities. Derived from Articles 32 and 226 of the Constitution, it allows individuals or groups to approach the High Courts and the Supreme Court of India on behalf of those whose rights are under threat, thereby expanding access to justice and the scope of judicial intervention.

I. Determinants of the Growth of PIL in India

  • Judicial Activism The Supreme Court, particularly under P. N. Bhagwati, liberalized locus standi to make justice accessible to disadvantaged sections.

  •  Protection of Vulnerable Sections: PIL became a key tool to protect marginalized groups and the environment amid administrative failures.
        Example: Bandhua Mukti Morcha v. Union of India (bonded labour).

  • Enhanced Access to Justice: Relaxation of procedural norms enabled NGOs and activists to represent affected groups.
        Example: PUCL v. Union of India (Right to Food campaign).

  • Media and Public Awareness: Media coverage amplified social issues and encouraged public-spirited litigation.
        Example: Narmada Bachao Andolan (displacement concerns).

  • Legal Aid Expansion Institutional mechanisms improved access for weaker sections.
        Example: Legal Services Authorities Act.

  • Judicial Response to Executive Inaction: Courts intervened to fill governance gaps.
        Example: Vishaka v. State of Rajasthan (workplace harassment guidelines).

  • Technological Advancements: Digitization and e-filing enhanced accessibility, especially during COVID-19.

II. Has the Supreme Court Become the World’s Most Powerful Judiciary?

The Supreme Court of India is among the most powerful judiciaries due to:

  • Expansive Rights Jurisprudence: Broad interpretation of Fundamental Rights.
        Example: M. C. Mehta v. Union of India (environment under Article 21).

  • Proactive Governance Role: Judicial intervention in policy domains through PIL.

  • Strong Judicial Review:
        Example: Kesavananda Bharati v. State of Kerala (Basic Structure Doctrine).

  • Wide Jurisdiction: Original, appellate, and advisory powers.
        Example: Mohd. Ahmed Khan v. Shah Bano Begum.

  • Global Recognition: PIL model acknowledged for advancing social justice (e.g., decriminalisation of homosexuality, 2018).

However, certain limitations persist:
•Concerns of judicial overreach
•Misuse through frivolous PILs

  • PIL has made the Supreme Court of India a powerful instrument of social justice and governance oversight. Nevertheless, describing it as the world’s most powerful judiciary may be overstated. Its true strength lies in maintaining a balance between judicial activism and restraint while ensuring that PIL remains a tool for genuine public interest.

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