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Analysis Study Research Paper | Law | India | Volume 14 Issue 2, February 2025 | Rating: 4.8 / 10
The Evolution and Impact of Public Interest Litigation in India
Minali, Dr. Bodhisatva Acharya, Dr. Atal Singh
Abstract: Public Interest Litigation (PIL) in India has undergone a transformative journey, evolving from a rigid legal framework to an inclusive mechanism that provides access to justice for marginalized communities. Initially restricted by stringent locus standi rules, the Supreme Court's progressive stance in the post-Emergency era enabled broader participation, allowing individuals and organizations to champion the rights of disadvantaged groups. This shift has strengthened the judiciary?s role in upholding fundamental rights and shaping public policy. However, while PILs have empowered the underprivileged, their increasing misuse for personal or political gains has raised concerns. Courts have had to strike a delicate balance between judicial activism and overreach, ensuring that PILs remain an instrument of genuine social justice rather than a tool for vested interests. This study critically examines the evolution of PIL in India, its impact on constitutional jurisprudence, and the emerging challenges that threaten its integrity. By analyzing landmark cases and judicial trends, it explores whether the discretionary powers exercised by the courts align with the broader goal of equitable justice or contribute to legal inconsistencies.
Keywords: Public Interest Litigation, judicial activism, constitutional remedies, fundamental rights, legal access
Edition: Volume 14 Issue 2, February 2025,
Pages: 1640 - 1647