Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice.
Nature and Meaning
Judiciary has become the centre of controversy, in the recent past, on account of the sudden rise in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest itigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by progressive interpretation and positive action.
In the words of Justice Krishna Iyer, “by way of judicial activism, the judiciary is trying to reach where either the government has failed or has been indifferent”.
The Supreme Court has developed new methods of dispensing justice to the masses through the public interest litigation. Former Chief Justice P.N. Bhagwati, under whose leadership public interest litigation attained a new dimension comments that “the supreme court has developed several new commitments. It has carried forward participative justice. It has laid just standards of procedure. It has made justice more accessible to citizens”.
The term ‘judicial activism’ is intended to refer to, and cover, the action of the court in excess of, and beyond the power of judicial review. From one angle it is said to be an act in excess of, or without, jurisdiction. The Constitution does not confer any authority or jurisdiction for ‘activism’ as such on the Court.
Judicial activism refers to the interference of the judiciary in the legislative and executive fields. It mainly occurs due to the non-activity of the other organs of the government. Judicial activism is a way through which relief is provided to the disadvantaged and aggrieved citizens.
In short, judicial activism means that instead of judicial restraint, the Supreme Court and other lower courts become activists and compel the authority to act and sometimes also direct the government regarding policies and also matters of administration.
- If we look into the causes of judicial activism we see that in present times, judicial activism has arisen mainly due to the failure of the executive and legislatures to act.
- Secondly, it has arisen also due to the fact that there is a doubt that the legislature and executive have failed to deliver the goods.
- Thirdly, it occurs because the entire system has been plagued by ineffectiveness and inactiveness. The violation of basic human rights has also led to judicial activism.
- Finally, due to the misuse and abuse of some of the provisions of the Constitution, judicial activism has gained significance.
There are some other situations that lead to judicial ativism. These are:
- When the legislature fails to discharge its responsibilities.
- In case of a hung parliament where the government is very weak and instable.
- When the governments fail to protect the basic rights of the citizens or provide an honest, efficient and just system of law and administration,
- When the party in power misuses the courts of law for ulterior motives as was done during the emergency period, and
- Finally, the court may on its own try to expand its jurisdiction and confer on themselves more functions and powers.
Areas of Judicial Activism
During the past decade, many instances of judicial activism have gained prominence.
The areas in which judiciary has become active are:
- Health
- Environment
- Child Labour
- Education
- Corruption
- Regulation of Traffic
- Political Front
Public Interest Litigation
Public interest litigation means a suit filed in a court of law for the protection of public interest such as pollution, terrorism, road safety etc. Judicial activism in India acquired importance due to public interest litigation. It is not defined in any statute or act. It has been interpreted by judges to consider the intent of public at large. The court has to be satisfied that the person who has resorted to PIL has sufficient interest in the matter.
- In India, PIL initially was resorted to towards improving the lot of the disadvantaged sections of the society who due to poverty and ignorance were not in a position to seek justice from the courts.
- After the Constitution (Twenty fifth Amendment Act, 1971), primacy was given to Directive Principles of State Policy by making them enforceable.
- The demand on the courts to improve administration by taking up PIL cases, for ensuring compliance with statutory and constitutional provisions has also increased.
- It has provided an opportunity to citizens, social groups, consumer rights activists etc., easier access to law and introduced a public interest perspective.
PIL has been considered a boon, as it is an inexpensive legal remedy due to nominal costs involved in filing the litigation. But there are some problems also in the PIL cases.
- There has been an increase in the number of frivolous cases being filed due to low court fees.
- Genuine cases got receded to the background and privately motivated interests started gaining predominance in PIL cases. In view of this, the supreme court has framed certain guidelines governing the PIL.
Presently the court entertains only writ petitions filled by an aggrieved person or public spirited individual or a social action group for enforcement of the constitutional or the legal rights of a person in custody or of a class of persons who due to reasons of poverty, disability, socially or economically disadvantaged position are finding it difficult to approach the court for redress.
PIL is an extraordinary remedy available at a cheaper cost. As Justice Bhagwati observed in the case of the Asian workers, “now for the first time the portals of the court are being thrown open to the poor and the downtrodden.” The courts must shed their character as upholders of the established order and the status quo. The time has now come when the courts must become the courts for the poor and struggling masses of this country.
Procedure to File PIL in India
Any Indian citizen or organisation can move the court for a public interest/cause by filing a petition:
- In the SC under Article 32
- In the High Courts under Article 226
The court can treat a letter as a writ petition and take action on it. The court has to be satisfied that the writ petition complies with the following: the letter is addressed by the aggrieved person or a public-spirited individual or a social action group for the enforcement of legal or constitutional rights to any person who, upon poverty or disability, are not able to approach the court for redress. The court can also take action on the basis of newspaper reports if it is satisfied with the case.
History of Public Interest Litigation (PIL) in India
In 1979, Kapila Hingorani filed a petition and secured the release of almost 40000 undertrials from Patna’s jails in the famous ‘Hussainara Khatoon’ case. Hingorani was a lawyer. This case was filed in the SC before a Bench led by Justice P N Bhagwati. Hingorani is called the ‘Mother of PILs’ as a result of this successful case. The court permitted Hingorani to pursue a case in which she had no personal locus standi making PILs a permanent fixture in Indian jurisprudence.
Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated. He did not insist on the observance of procedural technicalities and even treated ordinary letters from public-minded individuals as writ petitions. Justice Bhagwati and Justice V R Krishna Iyer were among the first judges in the country to admit PILs.
Significance of Public Interest Litigation (PIL) in India
The original purpose of PILs has been to make justice accessible to the poor and the marginalized.
- It is an important tool to make human rights reach those who have been denied rights.
- It democratizes the access of justice to all. Any citizen/agency who is capable can file petitions on behalf of those who cannot or do not have the means to do so.
- It helps in judicially monitoring state institutions like prisons, asylums, protective homes, etc.
- It is an important tool in judicial review.
Criticism of Public Interest Litigation (PIL) in India
Off late, PILs have become a tool for publicity. People file frivolous petitions which result in the wastage of time of the courts. People have used them with a political agenda as well. They unnecessarily burden the judiciary. Even if the petition is eventually dismissed, the courts spend time and effort on them before dismissing them.
At present, only judges have the power to dismiss a petition. The Registry of the SC or HC only ensures that the technical requirements of filing a petition are fulfilled. As a result of which petitions are admitted to the court irrespective of the merits of the case.
Way Forward with Public Interest Litigation
- The court should not allow its process to be abused by politicians and others to delay legitimate administrative action or to gain political objectives.
- The PIL activists should be responsible and accountable.
- The court must be careful to see that the petitioner must be acting bona fide and not for personal gain.
- In shaping the relief the court must take into account its impact on those public interests.
- Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it should not be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints.