Public Interest Litigation: Its Impact On Judiciary And Governance
- IJLLR Journal
- 39 minutes ago
- 2 min read
Anisha Bisht, Law College Dehradun, Uttaranchal University
ABSTRACT
Public interest litigation, or PIL, is a crucial legal mechanism for promoting social justice, guaranteeing government accountability, and improving underprivileged and marginalized individual’s access to justice. Initially introduced through judicial creativity and first presented in the late 1970s, PIL has been instrumental in transforming the Indian judiciary from a passive legal interpreter to a proactive protector of constitutional rights. It allows individuals or groups, even if they are not directly affected, to appeal to the courts on matters related to the public good. Access to the legal system has become more democratic because the traditional locus standi criteria have been loosened.
This research paper aims to examine the evolution and effect of PIL on the Indian judiciary and governance. It focuses on how the judiciary, particularly the Supreme Court of India and state High Courts, uses PIL to address systemic concerns like corruption, environmental degradation, violence in custody, and violations of fundamental rights of citizens.
There are number of landmark rulings that have influenced the responsibility of executive, policy changes, and increased transparency in public administration. Nonetheless, the growth of PIL has also sparked worries regarding judicial overreach, where courts might interfere into the legislature and executive domain, challenging the separation of power as outlined in the constitution. Additionally, the abuse of PIL for political, individual, or campaign purposes has become an important concern threatening the integrity of this otherwise creative instrument.
This paper looks at landmark cases and scholarly remarks to look into the dual purpose of PIL as a protector of interest of the public and as a focus of critical examination. While PIL has contributed largely towards democratic governance and legal empowerment in India, stricter guidelines and judicial restraint are essential in order to save its purity as well as effectiveness as a device of protection for the interest of the public.
