Complete Notes: Judicial Review, Judicial Activism, and Public Interest Litigation (PIL)

Introduction

Welcome, future officers! The Indian Judiciary is an independent body that protects our Constitution and fundamental rights. To perform this duty effectively, it uses three powerful tools: Judicial Review, Judicial Activism, and Public Interest Litigation (PIL). These topics are extremely important for your polity syllabus, as direct questions are frequently asked from this section in SSC, Railway, State PCS, and UPSC exams.

Let’s break them down into simple, easy-to-understand concepts.

1. Judicial Review (न्यायिक समीक्षा)

What is it?

Judicial Review is the power of the Judiciary (Supreme Court and High Courts) to check the constitutionality of legislative acts (laws passed by Parliament/State Assemblies) and executive orders. If any law or order violates the Constitution, the court can declare it null and void (unconstitutional).

Key Exam Facts:

• Origin: The concept originated in the USA.
• Is it in the Constitution? The phrase “Judicial Review” is nowhere explicitly mentioned in the Indian Constitution. However, the power is implicitly granted through several Articles.
• Basic Structure: In the famous Kesavananda Bharati case (1973), the Supreme Court declared that Judicial Review is a part of the “Basic Structure” of the Constitution and cannot be taken away even by a constitutional amendment.

Important Articles Related to Judicial Review:

• Article 13: Any law that violates Fundamental Rights shall be void. (This is the bedrock of Judicial Review in India).
• Article 32: Power of the Supreme Court to issue writs to enforce Fundamental Rights.
• Article 131: Original jurisdiction of the Supreme Court in center-state disputes.
• Article 136: Special leave to appeal by the Supreme Court.
• Article 226: Power of High Courts to issue writs.

2. Judicial Activism (न्यायिक सक्रियता)

What is it?

Judicial Activism refers to the proactive role played by the judiciary in protecting the rights of citizens and promoting justice in society. It happens when the judiciary steps into the shoes of the executive or legislature to solve administrative and societal problems.

Key Exam Facts:

• Origin: This concept also originated in the USA (first coined by Arthur Schlesinger Jr. in 1947).
• Introduction in India: It was introduced in India in the mid-1970s.
• Pioneers in India: Justice V.R. Krishna Iyer, Justice P.N. Bhagwati, Justice O. Chinnappa Reddy, and Justice D.A. Desai.
• Example: When the court takes Suo Motu (on its own) action based on a newspaper report regarding environmental pollution or human rights violations.

3. Public Interest Litigation – PIL (जनहित याचिका)

What is it?

PIL means litigation filed in a court of law for the protection of “Public Interest” (such as pollution, terrorism, road safety, construction hazards, etc.). It is the most important tool of Judicial Activism.

Key Exam Facts:

• Origin: Originated in the USA (where it was called Social Action Litigation).
• Father of PIL in India: Justice P.N. Bhagwati and Justice V.R. Krishna Iyer.
• The Rule of “Locus Standi”: Traditionally, only the person whose rights are violated could approach the court (Locus Standi). PIL relaxed this rule. Now, any public-spirited individual or NGO can approach the court on behalf of the poor or marginalized who cannot go to court themselves.
• Where can it be filed? A PIL can be filed only in the Supreme Court (Under Article 32) or a High Court (Under Article 226). It cannot be filed in a lower/district court.

🚨 Common Exam Traps & Confusing Points

• Trap 1: “Judicial Review is defined in Article 13.”
  • Fact: Article 13 provides the basis for it, but the term “Judicial Review” is not defined or mentioned anywhere in the Constitution.
• Trap 2: “PIL can be filed in any court.”
  • Fact: PIL can only be filed in the Supreme Court and High Courts.
• Trap 3: “Judicial Review was borrowed from the UK.”
  • Fact: No, it was borrowed from the USA. The UK has “Parliamentary Sovereignty” (Parliament is supreme, courts cannot review its laws). India balances Parliamentary Sovereignty and Judicial Supremacy.

📈 Previous Year Exam Relevance (SSC/Railway/PCS)

In competitive exams, questions from this topic usually revolve around:

1. The country from which Judicial Review/PIL was borrowed.
2. The Fathers/Pioneers of PIL in India (Justice Bhagwati).
3. Articles related to writ jurisdiction (32 and 226).
4. Basic Structure doctrine cases (Kesavananda Bharati).

📝 Practice MCQs

Q1. The concept of “Judicial Review” in the Indian Constitution has been borrowed from which country?

a) UK

b) USA

c) Canada

d) Australia

Answer: b) USA

Explanation: Both Judicial Review and the concept of Independence of Judiciary were borrowed from the US Constitution.

Q2. Who among the following is widely considered the pioneer of Public Interest Litigation (PIL) in India?

a) Justice H.J. Kania

b) Justice P.N. Bhagwati

c) Justice Y.V. Chandrachud

d) Justice Dipak Misra

Answer: b) Justice P.N. Bhagwati

Explanation: Justice P.N. Bhagwati and Justice V.R. Krishna Iyer are recognized as the founders of the PIL movement in India during the 1980s.

Q3. Which Article of the Indian Constitution provides the primary basis for Judicial Review regarding Fundamental Rights?

a) Article 12

b) Article 13

c) Article 14

d) Article 21

Answer: b) Article 13

Explanation: Article 13 declares that all laws inconsistent with or in derogation of any of the fundamental rights shall be void.

Q4. Where can a Public Interest Litigation (PIL) be filed?

a) Only in the Supreme Court

b) Only in the High Courts

c) In both Supreme Court and High Courts

d) In any court in India

Answer: c) In both Supreme Court and High Courts

Explanation: Under Article 32 (Supreme Court) and Article 226 (High Courts), a PIL can be filed. It cannot be filed in subordinate courts.

Q5. The relaxation of the rule of ‘Locus Standi’ is related to which of the following?

a) Judicial Restraint

b) Public Interest Litigation (PIL)

c) Original Jurisdiction

d) Appellate Jurisdiction

Answer: b) Public Interest Litigation (PIL)

Explanation: Relaxation of locus standi means that a third party can file a case on behalf of aggrieved persons who cannot approach the court themselves.

📌 Short Revision Summary

• Judicial Review: Court’s power to check if laws are constitutional. Borrowed from USA. Implicitly given in Article 13.
• Judicial Activism: Court taking proactive steps to fix social/administrative issues. Originated in USA.
• PIL: Tool of judicial activism. Filed for public welfare. Relaxed Locus Standi. Filed only in SC/HC. Pioneers: Justice P.N. Bhagwati & V.R. Krishna Iyer.

Would you like me to generate a similar set of detailed notes for another Polity topic, such as the “Basic Structure Doctrine” or “Writ Jurisdictions”?