What is PIL?
Public Interest Litigation, also known as Social Action Litigation, deviates from the traditional concept of legal recourse. Historically, individuals could approach the courts only if they were personally aggrieved. However, in 1979, a landmark decision by the Indian courts altered this paradigm. The judiciary began entertaining cases filed on behalf of others, addressing issues of public interest that affected society at large.
Expanding the Scope of Rights:
PILs have become a powerful tool for judicial activism, enabling the judiciary to expand the concept of rights. Issues such as clean air, unpolluted water, and decent living conditions are now considered rights for the entire society. This shift in perspective acknowledges the collective rights of citizens and their entitlement to seek justice for violations.
Access to Justice for All:
Through PILs, the judiciary has demonstrated a willingness to consider the rights of marginalized sections who may struggle to approach the courts independently. Public-spirited citizens, social organizations, and lawyers can now file petitions on behalf of the needy and deprived, ensuring broader access to justice.
Chapter 6: Judicial Activism| Class 11 Polity Notes
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!