PIL Concept
Cases of public significance have been initiated by the Court on its own initiative. The SC has called attention to and censured state officials for their indifference and carelessness in managing and discharging their roles. All of this has been made possible by the Supreme Court’s judicial activism in the Janhit Yachika, also known as Public Interest Litigation (PIL). Writs and even letters to judges have been used to claim this extraordinary jurisdiction; the judges’ procedures are upheld by the Court’s PIL guidelines.
Case law: Hussainara Khatoon v. State of Bihar
The case Hussainara Khatoon v. State of Bihar, which was filed in 1979, is recognized as the first PIL ever. This lawsuit was brought by a public-interest activist attorney on behalf of hundreds of inmates in the Bihar Prison who were protesting the cruel circumstances there. A Supreme Court bench led by Justice P.N. Bhagwati ruled that these convicts had a right to free legal representation and a speedy trial, which finally resulted in their release. Since then, PILs have covered a wide range of topics, such as political reforms (disclosure of assets by executive branch members; government distribution of natural resources); socioeconomic rights (freedom from bonded labor); legal entitlements (right to food; right to work); and environmental issues (clean air and water).
Role of Indian Judiciary
The three pillars of the Indian administrative system are the legislature, the executive, and the judiciary. India has an independent judiciary, and other government branches are not permitted to interfere with the judiciary’s operation. The court is crucial in avoiding the arbitrary use of power and making sure that the legislative and executive branches stay within their constitutional bounds. The Indian Constitution ensures that the judiciary is shielded from the power of the government and legislature.
Key Takeaways:
- The term “judiciary” describes the part of government responsible for interpreting the law, resolving conflicts, and providing justice to all citizens.
- The judiciary is referred to as the protector of the constitution and the watchdog of democracy.
- The primary function of the judiciary is to administer justice, where the judiciary resolves disputes and delivers fair judgments based on existing laws.
- The judiciary is also empowered to examine laws passed by the legislature and actions taken by the executive to ensure they conform to the Constitution. If found incompatible, the judiciary can strike them down.
Table of Content
- Role of Courts
- Different Roles of the Supreme Court of India
- PIL Concept
- High Courts and Lower Courts
- Conclusion
- Role of the Indian Judiciary – FAQs