Judicial Review & Public Interest Litigation (PIL)

Judicial Review: An Overview

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. It ensures that laws and actions of the government comply with the Constitution of India. If any law or action is found to be unconstitutional, the judiciary can declare it null and void.

Constitutional Basis

• Article 13 of the Constitution empowers courts to strike down laws that contravene Fundamental Rights.
• Article 32 and Article 226 provide the Supreme Court and High Courts respectively the power to issue writs for enforcement of rights.

Landmark Case Laws

1. Kesavananda Bharati v. State of Kerala (1973)
   – Established the Basic Structure Doctrine, restricting the amending power of Parliament under Article 368.
2. Minerva Mills v. Union of India (1980)
   – Reaffirmed that judicial review is part of the basic structure and cannot be taken away.
3. I.R. Coelho v. State of Tamil Nadu (2007)
   – Any law placed under the Ninth Schedule after 1973 is open to judicial review if it violates fundamental rights.

Public Interest Litigation (PIL): Concept and Evolution

PIL allows any individual or organization to file a petition on behalf of those whose rights are being infringed and who may not be in a position to approach the courts. It is a tool to ensure access to justice for all.

Key Features

• Filed in the interest of the public, not for personal gain.
• Can be initiated by any person (including NGOs or social activists).
• Relaxes locus standi, enabling broader access to justice.

Notable PIL Cases

1. Hussainara Khatoon v. State of Bihar (1979)
   – Led to the release of thousands of undertrial prisoners.
2. MC Mehta v. Union of India
   – Environmental PILs leading to closure of polluting industries and protection of the Ganga.
3. Vishaka v. State of Rajasthan (1997)
   – Laid down guidelines against sexual harassment at the workplace.

Significance

• Ensures accountability of government bodies.
• Strengthens democracy by empowering citizens.
• Enhances judicial activism in public welfare matters.

Criticism and Challenges

• Judicial Overreach: Sometimes courts are seen stepping into executive or legislative domains.
• Misuse of PILs: Increasing instances of frivolous or politically motivated PILs.
• Delay in Genuine Cases: Overburdening of courts may delay serious matters.

Conclusion

Judicial Review and PILs are pillars of constitutional governance in India. While Judicial Review protects the Constitution from arbitrary laws, PILs empower citizens and promote social justice. Together, they ensure the judiciary acts as a guardian of rights and upholder of constitutional values.