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?

The Supreme Court has defined Public Interest Litigation (PIL) as“a legal actioninitiated in a court of lawfor the enforcement of public interest or general interestin which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.” As per SC observer Data, on an average, the Court receives 26,379 PILs every year.

## Reasons for growth of PIL in India

• Relaxation of Locus StandiinHussainara Khatoon v. State of Bihar (1979), whichfocused on the inhuman conditions of under-trial prisoners, laid the foundation for broader access to justice.


• Judicial Activism:Judges likeP.N. Bhagwati and V.R. Krishna Iyerpromoted PILs as a vehicle for ensuring fundamental rights as enshrined under Article 32 andway to address grievances related to social and economic injustice.


• Access to Justice:PILs made it easier for marginalized and disadvantaged sections of society to approach the courts.


• Societal Concerns:Issues such asenvironmental degradation, human rights violations, and corruptionbecame areas where citizens could seek judicial intervention, pushing PIL cases to the forefront. Eg-MC Mehta Case


• Media Attention:Media coverage of PIL cases hasincreased public awareness, making the judiciary a platform for addressing wide-ranging societal problems.


• Executive and Legislative Inaction:PILs grew due to perceived inefficiencies or failures of the executive and legislative branches in addressing important social and political issues. Eg- PIL on Paper Leak

## Supreme Court as the World’s Most Powerful Judiciary

### Arguments in Favor:

• Upendra Baxi, opines PIL has transformed Indian judiciary into an“institution of governance,” taking on functions traditionally vested in the executive and legislative branches.


• Judicial Activism: ThroughPublic Interest Litigations (PILs), the Indian Supreme Court has actively addressed key social and political issues, such as the right to privacy (Puttaswamy judgment) and environmental protections.


• Expansive Interpretation of Rights: It has broadened the interpretation of fundamental rights underArticle 21, impacting areas like health, education, and environmental rights.


• Judicial Review: The Court exercises powerful judicial review, overturning executive and legislative decisions. Eg- NJAC Judgment


• Intervention in Policy Matters: The Court has played a direct role in governance by issuing landmark judgments on policy issues likeenvironmental regulations(Taj Mahal pollution case) andhuman rights(Vishakha guidelines for sexual harassment).


• Suo Motu Powers: The Supreme Court can take cognizance of cases on its own, further extending its reach and influence.

Argument Against

• Overreach: The Court’s decision to interfere in policy issues likesetting the height of the Sardar Vallabhbhai Patel statuedrew criticism for stepping into areas best left to the executive.


• Inefficiency and Delays: As of 2023, the Indian judiciary had a backlog of over4.7 crore cases, including in the Supreme Court, leading to delays in delivering justice.


• Inconsistent Decision-Making: In cases likeSabarimala Temple Entry (2018), where religious rights were pitted against gender equality, the Court’s rulings led to divided public opinion and later contradictions, illustrating inconsistency.


• Criticism of Policy Interference: The Supreme Court’sintervention in BCCI reforms(Lodha Committee case) raised concerns that it was overstepping into the domain of sports administration, traditionally a non-judicial area.


• Lack of implementationof court verdicts hinder the successful implementation of PIL.

## Way Forward

• Striking a balance between legitimate cases and frivolous cases:Scrutiny panel or special PIL cells can be set up for scrutiny at first stage.


• Provision of strict punishmentfor frivolous PILs.


• Court should be fully satisfiedthat substantial public interest is involved before entertaining the petition.

Justice P.N. Bhagwatithuscautionedthat PIL must notdegenerate into “publicity or private interest litigation”. By striking balance between ensuring access to justice and preventing misuse, PIL can become crucial tool forupholding the rule of lawandprotecting the rightsof marginalized and vulnerable citizens..

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