Public Interest Litigation (PIL) in India has grown significantly due to several factors:
- Access to Justice: PILs have democratized the legal process, allowing marginalized groups and individuals to seek justice without the constraints of traditional standing requirements. This has empowered citizens to approach the courts for broader social issues.
- Judicial Activism: The Indian judiciary, particularly the Supreme Court, has adopted an activist stance, interpreting the Constitution expansively to include socio-economic rights. This approach encourages the filing of PILs to address issues like environmental degradation, human rights violations, and social injustices.
- Socio-political Context: Increasing awareness of social issues and the role of the judiciary in addressing them has led to a rise in PILs. Factors like corruption, inequality, and governmental inaction have prompted citizens to seek judicial intervention.
- Support from Legal Aid Organizations: NGOs and legal aid groups have played a crucial role in facilitating PILs, providing legal assistance to those unable to access justice.
Supreme Court as a Powerful Judiciary
As a result of the growth of PILs, the Indian Supreme Court has emerged as one of the world’s most powerful judiciaries. Its ability to influence policy and enforce fundamental rights has positioned it as a key player in shaping public policy. Landmark judgments have addressed critical issues like environmental protection, women’s rights, and social justice.
However, this power comes with challenges, including concerns about overreach and the need for balance between judicial intervention and legislative authority. Nonetheless, the Supreme Court’s proactive role in PILs has significantly enhanced its stature on the global stage, reinforcing its position as a formidable judiciary.