Judicial review is a fundamental aspect of the Indian legal system, allowing the judiciary to review and assess the constitutionality of legislative and executive actions. It serves as a mechanism for ensuring that government actions adhere to the principles of the Constitution and do not violate fundamental rights or exceed the limits of executive authority. The power of judicial review enables the judiciary, particularly the higher courts such as the Supreme Court and High Courts, to strike down laws or government actions that are found to be unconstitutional or ultra vires.
Public Interest Litigation (PIL) is a legal mechanism that allows individuals or organizations to seek judicial intervention in matters of public interest, typically involving issues that affect the general public or marginalized communities. PIL enables citizens to directly approach the courts to address systemic injustices, human rights violations, environmental degradation, and other social issues. Unlike traditional litigation, where only aggrieved parties can file cases, PIL allows any concerned citizen to file petitions on behalf of the public interest.
The concept of PIL has played a transformative role in expanding access to justice, promoting transparency, and safeguarding the rights of marginalized groups in India. It has empowered citizens to hold government authorities accountable, challenge corruption and abuse of power, and advocate for social justice and equitable development. PIL petitions have led to landmark judgments and legal precedents in areas such as environmental protection, gender equality, labor rights, and access to healthcare and education.
In recent years, PIL has faced criticism for potential misuse, frivolous petitions, and judicial overreach. However, when used judiciously and responsibly, PIL remains a powerful tool for advancing the cause of justice, promoting democratic values, and upholding the rule of law in India. It exemplifies the judiciary’s commitment to protecting the public interest and ensuring accountability and transparency in governance.