Define judicial activism with special reference to PIL and SAL. Judicial activism has had manifold impact…

Question

Define judicial activism with special reference to PIL and SAL. Judicial activism has had manifold impact on the political system. Justify the statement adding suitable arguments.

Ghissu Editorial · Accepted Answer

Judicial activism is the courts' proactive role in protecting rights, expressed through PIL, which relaxes locus standi for the disadvantaged, and Social Action Litigation, Upendra Baxi's term for litigation serving the poor. Its impact includes greater accountability, as with candidate disclosure in the ADR case, alongside overreach and case backlogs.

**Introduction**

Judicial activism, notably through Public Interest Litigation (PIL) and Social Action Litigation (SAL), has transformed India’s constitutional democracy by expanding access to justice and influencing political governance since the 1970s.

**Judicial Activism Defined with Reference to PIL and SAL**

2. **Public Interest Litigation (PIL)**: PIL, pioneered by Justice P.N. Bhagwati, democratized justice access for marginalized groups, exemplified by the Bandhua Mukti Morcha case expanding Article 21 rights.

3. **Social Action Litigation (SAL)**: Upendra Baxi's term for Indian PIL aimed at the poor; courts relaxed locus standi, accepted letters as petitions (Sunil Batra) and at times acted suo motu.

4. **Judicial Review and Activism Nexus**: Judicial activism extends judicial review by shaping social policy, as in the Maneka Gandhi case broadening personal liberty.

**Manifold Impact on the Political System**

1. **Enhancing Democratic Accountability**: Judicial activism enforces transparency, seen in the Association for Democratic Reforms case mandating candidate disclosures.

2. **Expanding Rights and Social Justice**: The judiciary protects vulnerable groups and enforces socio-economic rights, including environmental rulings in ==Andhra Pradesh==.

3. **Blurring Separation of Powers**: Judicial overreach raises Centre-State tensions, especially in water disputes involving ==Andhra Pradesh==.

4. **Judicial Overburden and Efficiency Issues**: Increased PILs strain courts like the ==Andhra Pradesh== High Court, affecting timely justice.

**Arguments Justifying Judicial Activism**

1. **Filling Governance Voids**: Judicial activism compensates for executive-legislative inertia, as in Vishaka guidelines on workplace harassment.

2. **Promoting Transformative Constitutionalism**: Courts interpret the Constitution as a living document advancing social change.

3. **Safeguarding Marginalized Voices**: PILs empower disadvantaged communities, vital for diverse states like ==Andhra Pradesh==.

**Conclusion**

Judicial activism via PIL and SAL has expanded rights and accountability, reshaping India’s political system while posing challenges to institutional balance and judicial capacity.

Define judicial activism with special reference to PIL and SAL. Judicial activism has had manifold impact on the political system. Justify the statement adding suitable arguments.

Model answer

Practise this question

Judiciary in India15 questions

Ghissu