NCJ Number
188786
Journal
Howard Journal of Criminal Justice Volume: 40 Issue: 2 Dated: May 2001 Pages: 148-165
Editor(s)
Tony Fowles,
David Wilson
Date Published
May 2001
Length
18 pages
Annotation
This article describes the origin of judicial activism (Public Interest Litigation) in India and its impact upon the criminal justice system.
Abstract
Judicial activism through a process known as Public Interest Litigation (PIL) has emerged as a powerful mechanism of social change in India. This article first describes the position of the courts within the constitutional system and points out the shortcomings of the administrative system responsible for human rights abuses. It then describes and evaluates the efforts made by Indian judiciary to address these problems through innovative procedures, such as PIL. Despite a constitutional form of government, a rule of law in public administration did not develop in India. The Indian democracy enables citizens to change governments but not their social and economic conditions. The implementation of legislation to remove exploitation and discriminations against the poor and weak have been neglected, and the government has failed to provide basic education and economic stability. To confront this situation, the PIL was created to empower ordinary citizens to write a letter and draw the attention of the apex court. Judicial action initiated through these written petitions have given relief to a wide variety of cases, giving justice to the weaker sections and even taking action against political corruption and unaccountability. The process of PIL has become integral to the justice system of the country. Judicial activism will likely continue and force the State to act responsibly for the welfare of the people.