Subject: Indian Polity

Public Interest Litigation (PIL) is a powerful judicial innovation that allows individuals or groups to seek redress in matters of public concern, even if they are not directly affected. Since its evolution in the late 1970s, PILs have played a transformative role in Indian constitutionalism and governance.

Reasons for Growth of PILs in India

Relaxation of Procedural Requirements:

• Introduction of epistolary jurisdiction allowing courts to treat letters as petitions.
• Relaxation of traditional locus standi requirements enabling any public-spirited person to file PILs.

Socio-Economic Factors:

• Rising awareness about constitutional rights among citizens.
• Growing socio-economic disparities necessitating judicial intervention.
• Support from legal aid organizations and NGOs in filing PILs.

Judicial Activism:

• Proactive approach of judges in interpreting Article 21 broadly.
• Courts taking suo moto cognizance of matters of public importance.
• Evolution of new rights through judicial interpretation.

Supreme Court's Enhanced Power through PILs

Constitutional Authority:

• Expansive interpretation of Article 32 (Right to Constitutional Remedies).
• Power to issue directions and guidelines (e.g., Vishaka Guidelines).
• Authority to monitor implementation of its orders.

Landmark Judgments:

• Navtej Singh Johar case (2018) decriminalizing homosexuality.
• NALSA judgment recognizing transgender rights.
• Environmental protection through various PILs. (e.g., MC Mehta cases)

Statistical Evidence:

• Supreme Court receives over 25,000 PILs annually.
• 113,904 PILs were filed in 2021, showing increasing public trust.

Institutional Impact:

• Creation of specialized benches for different categories of PILs.
• Development of comprehensive guidelines for PIL admission.
• Enhanced accountability of executive through judicial oversight.

Criticism and Concerns

• Judicial Overreach: Excessive judicial intervention in administrative or legislative matters (e.g., ban on firecrackers, allocation of spectrum) is criticized as encroachment on separation of powers.
• Selective Activism: Courts have sometimes remained silent on pressing issues (e.g., internet shutdowns, preventive detentions), raising concerns of inconsistency.
• Misuse of PILs: Rise of “Publicity Interest Litigations” or politically motivated PILs dilute the legitimacy of genuine causes.

The growth of PILs has indeed established the Indian Supreme Court as one of the world's most powerful judiciaries, characterized by its broad jurisdiction, constitutional supremacy, and role as the ultimate guardian of fundamental rights. The court's ability to take suo moto action, issue binding decisions, and invalidate constitutional amendments through the basic structure doctrine further cements its position as a powerful institution for ensuring justice and good governance.