Q14. Explain the reasons for the growth of PILs in India. As a result of it, has the India supreme court emerged as the most powerful judiciary?

Approach

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Introduction

PILs in India emerged in the 1980s as a revolutionary tool to address social issues and protect fundamental rights, particularly for marginalized groups. This judicial innovation has since expanded the court's role in governance and policy-making.

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Reasons for the growth of PILs in India 

• Relaxation of locus standi: Broadened access to justice for marginalized groups. For example, Bandhua Mukti Morcha case (1984) allowed social activists to file PILs
• Increased Awareness of Rights: Public awareness of fundamental rights has risen significantly.
• Judicial Activism: Judges have embraced activism to expand constitutional interpretations.
• Political and Bureaucratic Apathy: Failure of political entities prompts citizens to seek legal recourse.
• International Influences on Indian Law: Global human rights movements inspire domestic PILs
• Supportive Legal Precedents: Previous PIL judgments encourage new filings and activism.
• Expansion of fundamental rights interpretation: Broader protection through PILs. For instance, Olga Tellis case (1985) recognized the right to livelihood. 
• Rise of public-spirited litigation by civil society organizations: Common Cause's PILs led to reforms in electoral processes. 

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PILs have significantly enhanced the Supreme Court's power: 

• Expanded scope of judicial review and policymaking: Court's decisions now impact various aspects of governance and policy. 
• Increased public trust and reliance on judicial interventions: Court's intervention often seen as a last resort in governance failures. For example, coal block allocation case demonstrated court's anti-corruption role 
• Checks on executive and legislative actions through PILs: PILs allow scrutiny of government decisions and legislation. 
• Expansion of the court's supervisory role over other institutions: PILs enabled the court to issue directives to various government bodies. 

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However, PILs have certain Limitations:

• Limited Effectiveness: Even when the Supreme Court issues progressive rulings, challenges often arise in the implementation of its directives.
• Dependence on government action: The effectiveness of PILs is often contingent on the government’s willingness to comply with court orders, leading to potential stagnation.
• Overwhelmed Judiciary: The influx of PILs can overwhelm the judicial system, resulting in delays in hearing significant cases and potentially diminishing the quality of justice.

Conclusion

In conclusion, the growth of PILs in India has transformed the Supreme Court into a pivotal institution for social justice and accountability, reshaping its role in governance. While this has empowered marginalized voices and expanded fundamental rights, challenges remain in ensuring effective implementation and managing the increasing caseload. The true measure of the judiciary's power lies not just in its rulings but in its ability to translate those decisions into meaningful change for all citizens.

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