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Published Paper Details:
Public interest Litigation- A Legal Milestones in India
Authors
Mrs. S. Mano
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Keywords
Public Interest Litigation (PIL), Judicial Activism, Locus Standi, Constitutional Remedies, Social Justice, Environmental Jurisprudence, Human Rights, Judicial Review, Access to Justice, Supreme Court of India, Epistolary Jurisdiction, Fundamental Rights, Governance Reforms, Indian Constitution.
Abstract
This research paper presents a comprehensive analysis of Public Interest Litigation (PIL) as a transformative legal innovation in Indian jurisprudence that revolutionized access to justice and constitutional governance. Originating in the late 1970s through judicial activism, PIL emerged as a radical departure from traditional locus standi principles, enabling any public-spirited citizen or organization to seek judicial intervention for the protection of collective rights and enforcement of constitutional obligations. This study traces the historical evolution of PIL from its foundational judgments in the cases of Hussainara Khatoon, Sunil Batra, and S.P. Gupta to its contemporary applications in environmental protection, human rights, governance reforms, and socio-economic justice.
The research employs doctrinal analysis of landmark Supreme Court and High Court judgments, combined with qualitative assessment of PIL's impact on Indian democracy and governance. It critically examines the philosophical underpinnings of PIL as both a judicial tool for social engineering and a mechanism for democratic accountability, while evaluating its operational dynamics, institutional challenges, and unintended consequences. The study analyzes key thematic milestones including environmental jurisprudence, gender justice, prison reforms, right to education, and anti-corruption interventions, assessing PIL's role in shaping India's constitutional culture.
Findings reveal that while PIL has significantly expanded the frontiers of fundamental rights, promoted participatory democracy, and addressed systemic governance failures, it has also faced criticism for judicial overreach, case overload, selective activism, and procedural misuse. The paper concludes that PIL remains a vital instrument of constitutional democracy in India, though requiring calibrated reforms to balance judicial innovation with institutional constraints, ensuring its continued relevance as a guardian of public conscience while respecting democratic separation of powers.
IJCRT's Publication Details
Unique Identification Number - IJCRT2102675
Paper ID - 300122
Author type - Indian Author
Page Number(s) - 5568-5578
Pubished in - Volume 9 | Issue 2 | February 2021
DOI (Digital Object Identifier) -
No Of Downloads - 8
Author Country - India, -, -, -, -, Science and Technology
Publisher Name - IJPUBLICATION | www.ijcrt.org | ISSN : 2320-2882
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Mrs. S. Mano, "Public interest Litigation- A Legal Milestones in India", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.9, Issue 2, pp.5568-5578, February 2021, Available at :http://www.ijcrt.org/papers/IJCRT2102675.pdf
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