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
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
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.
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.
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
Terminology to weave into the answer
locus standiepistolary jurisdictionjudicial review / basic structureArticle 142judicial activism vs overreachaccess to justice