Exploring Judicial Activism and Public Interest Litigation: Take the MCQ Test!

Hello learners! Have you ever wondered what happens when judges get really involved in making sure the laws are fair and just? That's called judicial activism! And there's this cool thing called Public Interest Litigation (PIL) too! Let's learn more about them together.

Judicial Activism & Public Interest Litigation (PIL)

Judicial Activism: Public Interest Litigation

➡Judicial activism means when judges actively work to make sure laws are fair and just, even if it means changing or expanding their interpretation.

➡It often involves courts taking an active role in shaping public policy and addressing social issues.

Public Interest Litigation (Janhit Yachika) (PIL)

➡This extra-ordinary jurisdiction has been invoked either through writs or even by writing letters to Judges.

➡The first ever PIL is listed as Hussainara Khatoon v. State of Bihar-1979

➡A public interest activist lawyer filed this case on behalf of thousands of prisoners of the Bihar jail against the inhuman conditions of the prison.

➡A Supreme Court bench headed by Justice P.N. Bhagwati declared the right for free legal aid and expeditious trial of these prisoners, which ultimately led to their release.

➡Since then, PILs have encompassed several issue-

Socio-economic rights:	freedom from bonded labour,
Legal entitlements:	right to food; right to work,
Environment issues:	clean air and water,
Political reforms:	➡disclosure of assets by members of the executive; ➡disbursement of natural resources done by the government.

Characteristics of PILs include:

➡PILs can be termed as non-adversarial litigation that pits the interest of one party over the other, PILs are recognised as tools for social change.

➡PILs expands the rights of third-parties to approach the Court.

➡PIL from its inception is modelled on remedial nature which aims at creating a dynamic, welfare oriented model of judiciary, thus PILs are creating new rights and laws within the realm of the state.

➡PIL further strengthens the role of judiciary as a monitor and watch-dog agency.

Limitations of PILs

➡With the advent and growth of PILs, they have also been misused for private gains, and led to unnecessary issues.

➡They have also been criticised for judicial over-reach and stepping into the shoes of the legislature.

Conclusion: 

So, that's it! We've learned about judicial activism, PIL, and how they help make the world a better place. Remember, anyone can stand up for what's right, just like the judges and lawyers who work with PIL. Keep learning and keep making the world a better place! 

Ready to take the MCQ test? Click here!

MCQ Test: Judicial Activism & Public Interest Litigation