Topic: Structure, organization and functioning of the Executive and the Judiciary
Q3. Public Interest Litigation has evolved into a vehicle of constitutional transformation in India. Analyse its judicial evolution and the concerns arising from its misuse. Suggest reforms to restore its original democratic purpose. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question
The Supreme Court recently refused to entertain a plea for a judicial probe into the Pahalgam terror attack, which left 26 dead, asking whether the litigants wanted to demoralise the security forces.Key Demand of the question
The answer must analyse the trajectory of PIL from its inception to its expanded scope, highlight concerns arising from its misuse, and suggest concrete reforms to restore its intended democratic function.Structure of the Answer:
Introduction
Briefly introduce PIL as a judicial innovation aimed at social justice and institutional accountability.Body
- Judicial evolution of PIL: Trace major doctrinal and case-based developments in its expansion.
- Concerns of misuse: Highlight issues like frivolous filings, judicial overreach, and elite capture.
- Reform measures: Suggest structural, procedural, and institutional ways to safeguard its original spirit.
Conclusion
Conclude with a forward-looking statement on preserving PIL as a tool for constitutional morality and inclusive justice.
