UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 15 marks · 250w 14 min Medium

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?

Subtopic: Judiciary · Public Interest Litigation

Model answer outline

How to structure your answer

Introduction (PIL as access to justice) → reasons for growth → resulting expansion of judicial power → is India's court the most powerful? → caveats → Conclusion
Full model answer

Written within the word limit

221 words · target 250 words · 14 min

Public Interest Litigation (PIL) transformed the Indian judiciary from a passive arbiter into an active guardian of rights, allowing courts to reach the marginalised who cannot approach them.

Reasons for the growth of PIL

  • Relaxation of locus standi: any public-spirited citizen can move the court on behalf of those unable to do so, as in S.P. Gupta v. Union of India (1981).
  • Epistolary jurisdiction: even letters and postcards were treated as petitions (Hussainara Khatoon, 1979; Sunil Batra).
  • Expansive reading of Article 21 to include health, environment, shelter and dignity, invoked under Articles 32 and 226.
  • Failure or inaction of the executive and legislature on governance, environment and human rights.
  • Judicial activism led by judges like P.N. Bhagwati and V.R. Krishna Iyer.

Has the Supreme Court become the world's most powerful judiciary?

There is strong basis for this claim:

  • It exercises wide judicial review and the basic structure doctrine (Kesavananda Bharati, 1973), limiting even constitutional amendments.
  • It enjoys sweeping remedial powers under Article 142 to do 'complete justice'.
  • It controls its own appointments through the collegium and issues continuing mandamus and guidelines (Vishaka, 1997).

Caveats

Yet the label invites criticism of judicial overreach, separation-of-powers concerns, PIL misuse for private or publicity ends, and huge pendency. Its power is thus real but must be exercised with self-restraint.

PIL democratised justice, but its legitimacy depends on balancing activism with institutional discipline.

Key points

What an examiner expects to see

  • Relaxed locus standi lets public-spirited citizens litigate for the marginalised (S.P. Gupta, 1981).
  • Epistolary jurisdiction treated letters as petitions (Hussainara Khatoon, 1979).
  • Expansive Article 21 (health, environment, dignity) under Articles 32 and 226.
  • Executive/legislative inaction and judicial activism (Bhagwati, Krishna Iyer) drove growth.
  • Basic structure doctrine (Kesavananda Bharati, 1973) lets the Court review amendments.
  • Article 142 'complete justice' powers and the collegium make it exceptionally powerful.
  • Caveats: judicial overreach, PIL misuse, pendency; need for self-restraint.
Examples to use

Concrete cases, schemes and judgments

  • Hussainara Khatoon v. State of Bihar (1979) - first major PIL on undertrials
  • S.P. Gupta v. Union of India (1981) - relaxation of locus standi
  • Kesavananda Bharati (1973) - basic structure doctrine
  • Vishaka v. State of Rajasthan (1997) - judicial guidelines filling a legislative gap
  • M.C. Mehta cases on environmental protection
Keywords / terms

Terminology to weave into the answer

locus standiepistolary jurisdictionjudicial review / basic structureArticle 142judicial activism vs overreachaccess to justice

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