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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?

GS 2
Indian Polity
2024
15 Marks

Subject: Indian Polity

Public Interest Litigation (PIL), relaxing traditional locus standi, secures justice for the marginalized. Reflecting its scale, the Supreme Court (SC) admitted a record 570 new PILs in 2025.

Expansion of Judicial Power and Review

Expansion of Judicial Power and Review

Reasons for the Growth of PILs in India

  1. Procedural relaxation: Epistolary jurisdiction allows treating simple letters or newspaper reports as Article 32 writ petitions.
  2. Technological democratization: Integration of E-filing 4.0 and the SUVAS AI translation tool makes the apex court accessible to non-English speakers.
  3. Executive inertia: PILs cure governance deficits, seen in the October 2024 SC judgment striking down caste-based segregation in state prison manuals.
  4. Expansive Article 21: Broadening the "Right to Life" encompasses complex environmental, livelihood, and privacy claims.
  5. Civil society leverage: NGOs aggressively utilize PILs as their primary instrument for systemic socio-economic reform.
  6. Continuing mandamus: Courts keeping cases open for years incentivizes activists seeking long-term judicial oversight.

Emergence as the Most Powerful Judiciary (Enablers)

  1. Policy review: The SC actively invalidates major executive policies, like scrapping the Electoral Bonds scheme in February 2024.
  2. Governance micro-management: Suo motu PILs allow direct intervention in state administrative issues like the March 2025 Delhi-NCR air pollution proceedings.
  3. Quasi-legislative role: Formulating binding guidelines where parliamentary laws are absent expands judicial reach beyond interpretation.
  4. Institutional supremacy: Synergizing PILs with the Basic Structure doctrine ensures unmatched constitutional authority over the legislature.

Systemic Limits Restraining Absolute Power (Nuance)

  1. Capacity constraints: The massive backlog of 3,525 pending PILs as of March 2025 severely undermines swift justice delivery.
  2. Implementation deficits: India ranking 86th in the 2025 WJP Rule of Law Index proves expansive judicial orders often lack grassroots executive enforcement.
  3. Penalizing frivolity: The SC is actively curbing "publicity petitions," upholding a ₹5 lakh penalty in January 2026 to prevent judicial weaponization.
  4. Ending perpetual oversight: The court officially closed the 39-year-old M.C. Mehta environmental PIL in March 2025, acknowledging the futility of endless monitoring.
  5. Delegating to experts: Rather than micro-managing, courts increasingly transfer specialized oversight to expert statutory bodies and tribunals.

While PILs forged the SC into a formidable socio-economic equalizer, its power remains checked by implementation dependencies. By enforcing strict admissibility bounds, the SC ensures it remains a targeted court of last resort rather than a parallel legislature.

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