Judicial Activism & Public Interest Litigation (PIL)

Judicial Activism and Public Interest Litigation (PIL)

• Judicial activism emerged as the judiciary started proactively intervening in societal issues.
• This intervention began after the judiciary developed into its current form.
• Judicial activism involves the judiciary taking a front-foot role in addressing various issues.
• The concept of judicial activism and its relationship with Public Interest Litigation (PIL) are discussed.
• PIL allows individuals to file petitions on behalf of the public interest, even if they are not directly affected.
• PIL empowers the judiciary to take action on matters of public concern.
• PIL serves as a mechanism that empowers the judiciary.
• Judicial activism coupled with PIL has brought positive changes to the lives of ordinary citizens.
• The judiciary's proactive role has led to justice for marginalized individuals and freedom for exploited laborers.

Public Interest Litigation (PIL) Explained

• PIL allows individuals to file petitions for the benefit of the public, even without direct personal gain.
• Judicial activism occurs when the judiciary actively listens to these issues, makes decisions, and directs the executive branch.
• Traditionally, individuals could only approach the court if they were personally aggrieved.
• This changed around 1970, with the rise of PIL, though its seeds may have been sown earlier.
• The People's Union for Civil Liberties (PUCL) happened in 1977.
• The 1979 case, Husnara Khatoon vs. State of Bihar, involved prolonged detention of a prisoner without trial.
• Advocate Kapila Hingorani, known as the "Mother of PIL", filed a PIL in this case.
• The court ruled in favor of the prisoners, highlighting the importance of PIL.
• PIL allows people to bring cases about justice to courts.

Development and Impact of Judicial Activism

• After 1970, Chief Justices of India and other judges actively used judicial power for public benefit.
• Judges like Justice Krishna Iyer and Justice Bhagwati actively used the judiciary.
• The court established a precedent that anyone can file a case on behalf of someone else needing justice.
• This opened doors for citizens and organizations to advocate for various issues.
• These issues include protection of rights, better living conditions for the poor, and environmental protection.
• Judicial activism, facilitated by PIL, has become a key mechanism for judicial intervention.
• Some view judicial activism as a result of executive and legislative inaction.
• The instability of the government in the 1970s led the judiciary to ensure the state was under control.
• PIL provided a means to consider the welfare of marginalized communities.
• Cases like Sunil Batra vs. Delhi Administration focused on improving prison conditions.
• Judicial activism has popularized the role of the judiciary, showing how it can positively impact lives.

Right to Seek Justice

• While the Constitution grants various rights, PIL empowers citizens to seek justice.
• Indian society has the right to seek justice.
• Justice P.N. Bhagwati believed that PIL allows for the justice of societal issues.
• PIL helps overcome the barriers that prevent marginalized people from accessing the courts.
• Public-spirited citizens and organizations can represent disadvantaged sections through PIL.
• Justice Bhagwati emphasized that the problems of the poor are qualitatively different from those of the wealthy.
• Standard legal procedures are inadequate for addressing the needs and rights of the poor.
• PIL is a zone that is giving justice to everyone.

Impact on the Political System

• Judicial activism has had many impacts on the political system.
• Judicial activism and PIL have democratized the judicial system and made it more accessible.
• PIL enhances executive accountability.
• It enhances the electoral system.
• PIL has made efforts to make the electoral system fairer and more transparent.
• The Supreme Court mandated that candidates disclose their assets and criminal records.
• PIL led to the implementation of schemes like the Mid-Day Meal program.
• Many actions that the government had to do only happened because courts had directed them to do it.
• This ensures executive accountability, makes elections fairer, and facilitates welfare schemes.

Negative Sides of Judicial Activism

• Excessive PIL filings can overburden the judiciary.
• The judiciary may become unable to handle the workload from too much PIL.
• Overreach can blur the distinction between the powers of the judiciary, executive, and legislature.
• Activism leads to overreach.
• The original job of the judiciary is to have legal power.
• Judicial overreach diminishes the roles and powers of other government branches.
• Issues like noise pollution and electoral reforms are not primarily judicial matters.
• Judicial activism can disrupt the carefully designed balance of power in a democracy.
• The need of the hour is to see democracy going up.

Balancing Judicial Activism

• The balance of power among government branches becomes precarious with excessive judicial activism.
• Now if the Executive think they're going to be pushed back then they will resent.
• Maintaining this balance requires careful management to avoid conflicts between different government organs.
• While Judicial Activism can provide justice it is also important remember to follow the design of the democratic government.
• Although judicial activism is important, it should be practiced with caution to respect the democratic spirits.