ABSTRACT
Judicial activism has become a key feature of the Indian Constitution due to the emergence of Public Interest Litigation. This paper critically analyses the role of judicial activism as an instrument of social transformation and primarily discusses the evolution, doctrinal aspects, and socio-legal impact in India. In the late 1970s, there came the emergence of Public Interest Litigation, due to which locus standi was liberalised, and it enabled greater access to justice for the marginalised groups of society. The Supreme Court particularly widened the scope of Article 21 with the help of Public Interest Litigation. Through judicial creativity, Article 21 was expanded to include the right to privacy, right to livelihood, right to health, right to a clean environment, right to free legal aid, right to a speedy trial, etc. Through these transformations, the Court became the central actor in governance, often stepping into the ineffectiveness of the legislature and executive.
However, the growth of judicial power has often been criticised, as if not checked, it would abridge the separation of powers and democratic accountability. This paper tries to elucidate the instances of judicial overreach and also the misuse of Public Interest Litigation.
By identifying the comparative perspective of both the UK and the USA, this study helps to identify the unique trajectory that is followed by Indian judicial activism. It concludes that Public Interest Litigation has been an instrument of social change, but its success often depends on maintaining the balance between activism and judicial restraint.
INTRODUCTION
The Indian Constitution embodies a transformative vision that ensures social, economic, and political justice for all citizens. Within this constitutional framework, the judiciary has played a significant role in interpreting and enforcing fundamental rights and has also taken a proactive role.
Judicial activism reflects this proactive approach, wherein courts go beyond traditional adjudication to address broader societal concerns.
Public Interest Litigation represents the most significant aspect of judicial activism in India, and it has helped in democratising access to justice and also enabling courts to intervene in matters affecting the public at large, even if the aggrieved party is not the petitioner. This paper tries to analyse the extent to which judicial activism through Public Interest Litigation has contributed to social change and also examines its limitations and threats.