Judicial Activism: Rationality and Legitimacy

Judicial activism through a process known as public interest litigation (PIL) has emerged as a powerful mechanism of social change in India. The Public Interest Litigation (PIL) has become one of the most powerful instruments for judicial activism and the Supreme Court of India has emerged as the main organ of State and the foremost constitutional courts to exercise of writ jurisdiction and the expansive interpretation of fundamental rights guaranteed by the Constitution of India. Judicial action initiated through these written petitions have brought relief to a wide variety of cases by giving justice to the weaker sections and has even taken action against political corruption and unaccountability. The process of PIL has become an integral part of the judicial system of the country. Judicial activism is likely to continue and to force the State to act responsibly for the welfare of the people. This paper traces the rationality and legitimacy of judicial activism since Independence through pronouncements of the Supreme Court. The paper illustrates through judgements of the Supreme Court that the instrument of the PIL and the exercise of writ jurisdiction by the Supreme Court go beyond the traditional postulates of judicial processes and political theory on separation of powers between the organs of State. This paper evaluates the efforts made by the judiciary to address the problems through PIL and discuss the status of courts within the constitutional system by pointing out the drawbacks of administrative system responsible for human rights abuses. A rule of law in public administrations has not been developed in India over the years to address the social and economic conditions, whereas constitution only authorise the people to change the government. The exploitation of poor/weaker /neglected/ minorities section has been neglected and the government failed to address the problems and unable to provide basic education and economic power. Public Interest Litigation empowers the ordinary citizen to write a letter and draw the attention of the apex court about various problems.