Judicial Activism and Public Interest Litigation In India

Abstract

Judicial activism through a process known as public interest litigation (PIL) has emerged as a powerful mechanism of social change in India. This article first describes the position of courts within the constitutional system and also points out the shortcomings of the administrative system responsible for human rights abuses. It then describes and evaluates the efforts made by the Indian judiciary to address these problems through innovative procedures, such as the PIL. Despite a constitutional form of government, a rule of law in public administration has not developed in India. The Indian democracy enables citizens to change governments but not their social and economic conditions. The implementation of legislation to remove exploitation and discrimination against the poor and the weak has been neglected, and the government has failed to provide basic education and economic stability. To confront this situation, the PIL was created to empower ordinary citizens to write a letter and draw the attention of the apex court. Judicial action initiated through these written petitions have brought relief to a wide variety of cases by giving justice to the weaker sections and has even taken action against political corruption and unaccountability. The process of PIL has become an integral part of the judicial system of the country. Judicial activism is likely to continue and to force the State to act responsibly for the welfare of the people.