UPSC Previous Year Question | Mains GS2 | 2024
Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world’s most powerful judiciary? (Answer in 250 words)
Answer
Introduction
Introduction
PIL relaxed traditional standing rules so constitutional courts could protect diffuse, disadvantaged or voiceless groups and enforce public duties.
Reasons And Contribution
Reasons and contribution
- Social inequality, custodial abuse, bonded labour, environmental harm and administrative inaction exposed gaps in ordinary litigation.
- Epistolary jurisdiction, continuing mandamus and investigative committees enabled remedies where affected persons lacked resources or access.
- PIL expanded rights jurisprudence on environment, legal aid, prison reform, livelihood and transparency.
Power And Limits
Power and limits
- The Supreme Court has significant writ jurisdiction, constitutional review and pan-India authority, but ‘most powerful’ is a contested comparative claim.
- Judicial overreach, policy substitution, docket expansion and weak implementation can undermine separation of powers.
- Maintain genuine public-interest standing, demand credible evidence, prevent private or political litigation, use measurable remedies and review orders periodically.
Keywords
Keywords: locus standi, Article 32, continuing mandamus, judicial review, separation of powers, constitutional remedy.
Topics: judicial activism, judiciary, polity and governance, public interest litigation