Which of the following laid foundation for the Public Interest Litigation in India?

The correct answer is Judicial Activism.

Key Points

• Public Interest Litigation (PIL) in India was initiated as a result of judicial activism, which aimed to make justice accessible to disadvantaged and marginalized sections of society.
• The concept of PIL was first introduced in India during the early 1980s by judges like Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.
• Judicial activism enabled courts to relax traditional rules of locus standi, allowing individuals or groups to file cases on behalf of those unable to approach the court themselves.
• PIL became a powerful tool to address issues such as environmental protection, human rights violations, corruption, and social injustices.
• Judicial activism ensures that the judiciary plays a proactive role in safeguarding constitutional rights and promoting social welfare through PILs.

Additional Information

• Public Interest Litigation (PIL)
  • PIL allows any individual or organization to file a petition in court for the enforcement of public interest or general welfare.
  • It is often used to address issues affecting larger sections of society rather than individual grievances.
  • PILs are filed under Articles 32 (Supreme Court) and 226 (High Courts) of the Indian Constitution.
• Judicial Activism
  • Judicial activism refers to the proactive role of the judiciary in interpreting laws and addressing societal issues beyond traditional legal boundaries.
  • It often involves judges stepping in to fill gaps in legislative or executive actions.
  • While judicial activism can lead to progressive change, critics argue that excessive activism may encroach upon the domain of the legislature and executive.
• Locus Standi
  • Locus standi refers to the legal standing or ability of a person to bring a case before a court.
  • Judicial activism in India relaxed locus standi rules, enabling PILs to be filed by individuals or groups not directly affected by the issue at hand.
• Landmark PIL Cases
  • Hussainara Khatoon v. State of Bihar (1979): Focused on the rights of undertrial prisoners.
  • Olga Tellis v. Bombay Municipal Corporation (1985): Addressed the rights of pavement dwellers.
  • M.C. Mehta v. Union of India: Focused on environmental issues such as pollution in the Ganga River.