Analysis On Judicial Activism Focusing On Public Interest Litigation In India

Analysis On Judicial Activism Focusing On Public Interest Litigation In India: Inception, Contribution And Strengthening In Promoting Public Justice

Syeda Fatima, Mahindra University School of Law

ABSTRACT

The Indian judiciary has consistently been praised for being an activist judiciary over the years. The rash of court rulings involving Public Interest Litigations is a phenomenon that supports this designation.

The fundamental rights, which are covered by Articles 12 to 35 These rights serve an important role by defending democratic values based on the equality of all persons in society and individual freedom. However, many social activists and progressive solicitors have contended that, rather than advancing the welfare of the disadvantaged, constitutional rights actually contribute to exacerbate already-existing disparities in wealth and power. This research paper considers whether constitutionally-based public interest litigation offers a practical strategy for improving the lives of the socially disadvantaged. It investigates whether recent efforts by the judiciary have make the promises of the law a reality and provide the benefits of the constitution to the underprivileged and disabled.

PIL has developed into a powerful cure for all social justice activists and everyone who believe in working for the overall well of the majority of people. The growth of judicial activism is attributable to Public Interest Litigation (PIL). Justice was a far-off goal for those who were socially and economically underprivileged before the PIL. The Supreme Court's 1982 decision in S.P. Gupta v. Union of India1, which said that anyone contacting the court should have a proper locus standi, marked the significant turning point in the legal system. At the conclusion, advice is provided on how the Constitution, the higher judiciary has the power to consider any legislative, executive, or administrative action as unconstitutional and void if it does so. Indian judiciary might prevent overreacting in its desire to deliver effective justice.