Judicial Activism

Judicial activism and Public Interest Litigation (PIL) are significant concepts in contemporary discussions about the judiciary. Many view them as transformative elements that have made the judiciary more accessible and responsive to the people’s needs.

Origins of PIL

Traditionally, individuals could approach courts only if they were personally aggrieved. However, in 1979, a shift occurred when the Supreme Court decided to hear a case filed on behalf of others, focusing on matters of public interest. This marked the emergence of PIL, allowing public-spirited citizens and organizations to seek judicial intervention for societal issues.

Early PIL Cases

Notable PIL cases, such as Hussainara Khatoon vs. Bihar and Sunil Batra vs. Delhi Administration, highlighted concerns like prisoners’ rights and prison conditions. These cases illustrated how PILs expanded the notion of rights beyond personal grievances to encompass broader societal interests.

Impact of PIL

PILs enabled the judiciary to consider cases based on newspaper reports and complaints, leading to the popularization of the term “judicial activism.” By addressing issues like clean air, unpolluted water, and decent living conditions, the judiciary demonstrated its commitment to safeguarding collective rights.

Critiques of Judicial Activism

While judicial activism has democratized access to justice and enhanced executive accountability, it has also faced criticism. Some argue that it has burdened the courts and blurred the separation of powers between the judiciary, executive, and legislature. There are concerns that judicial overreach into executive matters may disrupt the delicate balance among the three branches of government.

While judicial activism has its benefits, maintaining a balance between the judiciary’s proactive role and the functions of other branches of government is crucial for upholding democratic principles. Critics caution against excessive judicial intervention in matters traditionally within the purview of the executive and legislature, emphasizing the importance of respecting institutional boundaries.

In recent years, the terms “judicial activism” and “Public Interest Litigation (PIL)” have gained prominence in discussions surrounding the judiciary. These concepts have transformed the role of the judiciary, making it more accessible and responsive to the needs of the people. Let’s explore these concepts in detail!