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Voice Of The Voiceless - A Journey Of Public Interest Litigation In India




Prithvi Patel, Amity University, Lucknow, Uttar Pradesh


ABSTRACT


Public Interest Litigation (PIL) is an important judicial reform that reshaped the relationship between the courts, the state, and citizens. Emerged during the era of the late 1970s and early 1980s, public interest litigation turned out to be a powerful instrument to advance constitutional rights, especially for the marginalized and disadvantaged groups who lacked access to justice. This article uncovers the history of public interest litigation in India, beginning with its foundations enshrined in constitutional morality, social justice, and judicial activism. It examines the landmark judgements that expanded locus standi, simplify the procedural requirements, and allowed citizens, social activists, and organizations to approach courts for collective redress. The paper examines the phases of public interest litigation development, its contributions to administration of government, environment protection, human rights, and the debates surrounding its misuse, judicial overreach, and institutional limitations. Through a comparative analysis, the study examines Indian public interest litigation within global public law frameworks. The article concludes by assessing the current relevance of public interest litigation and the need for balanced judicial intervention to preserve its integrity as an instrument of democratic justice in a democratic country.


Keywords: Public Interest Litigation, Judicial Activism, Social Justice, Locus Standi, Constitutional Law



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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