UPSC Mains 2024 GS2 Q14 — Judicial Activism PIL
Explain the reasons for the growth of public interest litigation in India. As a result of it, has the Indian Supreme Court emerged as the world's most powerful judiciary? (Answer in 250 words) 15
Question Decoded — examiner's intent
- Directive verbs
- Explain
- Scope keywords
- public interest litigationgrowth of public interest litigation in IndiaIndian Supreme Courtworld's most powerful judiciary
- Implicit sub-parts
- Legal and historical factors that enabled the transition from Locus Standi to PIL.
- Judicial activism vs. Judicial overreach in the context of PIL.
- Comparative analysis with global judiciaries (e.g., US, UK) regarding jurisdiction and enforcement.
- Constraints on judicial power (executive non-compliance, lack of enforcement mechanism) that qualify the 'most powerful' claim.
- Common pitfalls
- Focusing only on the history of PIL (Justice Bhagwati/Krishna Iyer) without addressing the 'most powerful' debate.
- Failing to mention the dilution of Locus Standi as a specific legal mechanism.
- Providing a generic list of PIL cases (e.g., Vishaka) without linking them to the expansion of judicial power over the executive and legislature.
- Ignoring the negative aspects of PIL growth, such as judicial populism or the burden of frivolous litigation.
- Dimensions required
- Constitutional (Article 32 and 226)Jurisprudential (Locus Standi vs. Epistolary jurisdiction)Comparative (Global judicial powers)Sociological (Justice for the marginalized)Political (Check on executive/legislative vacuum)
- Marks allocation hint
Devote approximately 100 words to the 'reasons for growth', focusing on legal innovations and social necessity. Use the remaining 150 words to critically evaluate the 'most powerful' claim by comparing its suo motu and review powers with international standards, while balancing with limitations like the 'power of the purse'.
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