Judicial Activism and its relation to PIL

JUDICIAL ACTIVISM AND ITS RELATION TO PIL

By

BHAVISHYA BALWANI

ROLL NO. 11

B.A.LL.B X- SEMESTER

15TH MAY 2019

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 Judicial Activism and its relation to PIL

TABLE OF CONTENTS

DECLARATION…………………………………………………………………………...3

CERTIFICATE………………………………………………………………………….….4

ACKNOWLEDGEMENT.......................................................................................…...5

RESEARCH METHODOLOGY………………………………………………..................6

 INTRODUCTION……………………………………………...…........................7
 JUDICIAL ACTIVISM IN INDIA..........................................................................8
 RELATION BETWEEN JUDICIAL ACTIVISM AND PIL…………………….9

BIBLOGRAPHY……………………………………………………………………………13

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 Judicial Activism and its relation to PIL

DECLARATION

I BHAVISYA BALWANI, do hereby declare that this project work entitled “Judicial
Activism and its relation to PIL” is an outcome of the research conducted by me under the
guidance of Ms. Anjali Bhatia (Asst. Prof. of Law) at S.S. Jain Subodh Law College in
fulfilment for the award of the degree of B.A.L.L.B. at the University Of Rajasthan

I also declare that, this work is original, except where assistance from other sources has been
taken and necessary acknowledgements for the same have been made at appropriate places. I
further declare that, the work has not been submitted either in whole or in part, for any degree
or equivalent in any other institution

DATE - 15 -05-2019

BHAVISHYA BALWANI

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 Judicial Activism and its relation to PIL

CERTIFICATE

This is to certify that BHAVISHYA BALWANI student of BA.LLB X semester of S.S.JAIN

SUBODH LAW COLLEGE; JAIPUR has completed her project on “Judicial Activism and
its relation to PIL” under the guidance of MS. ANJALI BHATIA, Assistant professor, PIL,
S.S.JAIN SUBODH LAW COLLEGE. This project is original, independent work to the best
of my knowledge and it has not been published anywhere and has been perused solely for
academic interest.

Ms. Anjali Bhatia

(Asst. Prof. of Law)

S.S. Jain Subodh Law College

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 Judicial Activism and its relation to PIL

ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to MS.ANJALI
BHATIA for inspiring me and guiding me during the course of this project work and also for
her cooperation and guidance from time to time during the course of this project work on the
topic. “Judicial Activism and its relation to PIL”

DATE - 15-05-2019

BHAVISHYA BALWANI

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 Judicial Activism and its relation to PIL

RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of the topic “Judicial Activism and its
relation to PIL” forming a concrete informative capsule of the same with an insight into its
relevance in the today’s world.

Research Plan

The researchers have followed Doctrinal method.

Sources of Data:

The following secondary sources of data have been used in the project-

 Websites

Method of Writing:

The method of writing followed in the course of this research project is primarily
analytical and based on secondary source of data. The researcher has followed Uniform
method of citation throughout the course of this research project.

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 Judicial Activism and its relation to PIL

CHAPTER 1 - INTRODUCTION

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
courts within the constitutional system and also points out the shortcomings of the
administrative system responsible for human rights abuses. It then describes and evaluates the
efforts made by the Indian judiciary to address these problems through innovative
procedures, such as the PIL. Despite a constitutional form of government, a rule of law in
public administration has not developed 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 discrimination against the poor and the weak has 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 brought relief to a wide variety of cases by giving justice to the weaker
sections and has even taken action against political corruption and unaccountability. The
process of PIL has become an integral part of the judicial system of the country. Judicial
activism is likely to continue and to force the State to act responsibly for the welfare of the
people.

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 Judicial Activism and its relation to PIL

CHAPTER 2 JUDICIAL ACTIVISM IN INDIA

Judicial Activism in India: The significant feature of Indian Constitution is partial

separation of powers. -The doctrine of separation of powers was propounded by the French
Jurist, contesqeu. It is partly adopted tit India since the executive powers are vested in the
president, Legislative powers tit the Parliament and the judicial powers in the Supreme Court
and subordinate courts. The role of separation of powers in India is simple. The three organs
of the Government viz. the Executive. Legislature and the Judiciary are not independently
independent but inter-dependently independent. (The executive encroaches upon judicial
power, while appointing the judges of Supreme Court and High Courts. Similarly the
Judiciary, by its review power examines the law passed by file legislature pat lament and the
legislature also ,intervenes in respect of impeachment of the president).

As stated earlier, the Judicial Activism tit India can he witnessed with reference to the review
power of the Supreme Court under Art. 226 of the Constitution particularly in public interest
litigation cases. The Supreme Court played crucial role in formulating several principles in
public interest litigation cases. For instance, the principle of “absolute liability” was
propounded in Oleum Gas Leak case. Public Trust Doctrine in Kamalnath Case (1998 I SCC
.388) etc.

Further, the Supreme Court, gave variety of guidelines in various cases of public interest
litigation. Eg.: Ratlam Municipality Case, Oleum Gas Leak Case, Ganga Pollution Case etc.

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CHAPTER 3 RELATION BETWEEN JUDICIAL ACTIVISM AND PIL

1. S.P. Gupta vs. Union of India, AIR 1982 SC 149 (Popularly known as ‘Judges’ Transfer
Case’): In this case, Bhagwati J., firmly established the validity of the public interest
litigation. Since then, a good number of public interest litigation petitions were filed...........
2. Mrs. Veena Sethi vs. State of Bihar, AIR 1983 SC 339: 1982 (2) SC( 5N,): The Supreme
Court treated a letter addressed to a Judge of the Supreme Court by the Free Legal Aid
Committee at Hazaribagh, Bihar as a writ petition....................................................................
3. People’s Union for Democratic Rights vs. Union of India, AIR 1982 SC: 1473 (Popularly
known as ‘Asiad Case’): The Govt. of India, in connection with the Asiad Games 1982
employed some contractors for construction of buildings and projects. The
labourers/workmen engaged in the construction work were paid very meagre wages. The
Supreme Court treated the letter by the People’s Union for Democratic Rights as a writ
petition and directed the authorities concerned to pay the wages according to the Minimum
Wages Act, 1948.
4. Dr. Upendra Baxi (1) vs. State of UP., 1983 (2) SCC 308: [he Supreme Court entertained a
letter sent by two professors of Delhi University seeking enforcement of the Constitutional
right of the inmates of a Protective Home at Agra who were living in inhuman and degrading
conditions in utter violation of Article 21 of the Constitution. And the Supreme Court issued
proper and effective directions to the State of U.P. and the authorities concerned in the
matter, assuming that letter to be a public interest litigation.
5. Bandhu Mukti Morcha Union of India. AIR 1984 SC 802: 1984 (2) SCR 67: In this case.
the Supreme Court treated a letter as PIL petition and directed the Central Government and
the State of Haryana for the release of the bonded labourers and also ordered to pay the
appropriate wages and provide proper working conditions.
6. Olga Tellis vs. Bombay Municipal Corporation: AIR 1986 SC 180; 1985 (3) 5CC 545;
1985 Supp. (2) SCR 51: The petitioners this case were pavement dwellers. They challenged
the validity of Sections 313, 313-A, 314 and 497 of the Bombay Municipal Corporation Act,
1988, which empowered the Municipal authorities to remove their huts from pavements and
public places on the ground that it deprives of their right to Svelihood as included in Art.2l of
the Constitution. The Court directed the authorities of the Bombay Municipal Corporation to
frame a Scheme for Hawking and Non-hawking Zones and issue licences to sell their goods

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 Judicial Activism and its relation to PIL

in Hawking Zones.
7. Dr. D.C. fradinva anti others v/s. State of Bihar and others, 1987 SC 579: The petitioner in
the instant case, a professor of Political Science, filed a writ petition against the State of Bihar
alleging the misuse of ordinance power, and challenged the Constitutional validity of three
ordinances issued by the Governor of Bihar. The Supreme Court admitted the petition
treating it as PIL and struck down the ordinance (The Bihar Intermediate Education Council
Ordinance, 1985). The Court also appreciated the petitioner and directed the State
Government to pay Rs.10,000/- to the petitioner as costs of the suit.
8. M.C. Mehta and Another vs. Shri Ram Foods and Fertilizer Industries and others, AIR
1987 SC 965: Shri Ram Foods and Fertilizer Industries is a subsidiary of Delhi Cloth Mills
Ltd., located in a thickly populated area of Delhi. On 4.12.1985, there was a leakage of oleum
gas resulting in the death of an Advocate in the Tees Hazari Court and injuries to several
others. The petitioner, M.C. Mehta, an Advocate of Supreme Court tiled public interest
litigation petition in the Supreme Court under Art.’ 2 of the Constitution. The petitioner, in
his petition requested the court to direct the Government to lake necessary steps to avoid such
leakages from the industries engaged in dangerous and hazardous manufacturing processes.
He also prayed the Govt. to direct the Management of the Company to shift the plant to a
place far away from the city. The Supreme Court admitted the petition and evolved the
principle of ‘Absolute Liability’ and laid dins a the appropriate the petitioner and also
appreciated the petitioner and ordered the Shri Ram Foods and Fertilizer Industries to pay
him Rs.10.000 toward, costs.
9. Supreme Court Advocates – on – Record Association vs. Union of India. (1993) 4 SCC
441; AIR 1994 SC 268 (Popularly known as …rhh•,btrnerrt/7ransfcr of Judges’ Case’): Mr.
Subhash Sharnta, an Advocate of the Supreme Court and the Supreme Court Advocates-on-
Record Association filed public interest litigation petitions under Art.32 of the Constitution in
the Supreme Court. praying the court to fill up the vacancies of Judges in the Supreme Court
and High Courts and the appointment of Chief Justice of India shall be made on the basis of
seniority. A Nine-Judge Bench of the Supreme Court by a 7:2 majority over uled its earlier
decision in S.P- Gupta vs. Union of India. (AIR 1982 SC 149) and laid down the detailed
guidelines governing the appointment and transfer of Judges.
10. Municipal Council, Ratlam vs. Vardhichand, AIR 1980 SC 1622: In this case. the
petitioner. Vardhichand and residents of Ward No.12, Ratlam Municipality in Madhya
Pradesh filed a complaint (public interest litigation petition) before the Sub divisional

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 Judicial Activism and its relation to PIL

Magistrate of Ratlam under See.133 Cr. P.C, to direct the municipality to take steps for
removal of the public nuisance. This matter remained pending for 8 years as it went upto the
Supreme Court (The Court of Sub-Divisional Magistrate, The Supreme Court). The Supreme
court through Krishna lyer J., directed the Municipal Council, Ratlam to provide for drainage
system within one year and approved a scheme of Rs.6 Lakhs for construction of drainage.
11. Vellore Citizens Welfare Forum vs. Union of India and others, AIR 1996 SC 2115: The
petitioner in this case. Vellore Citizens Welfare Forum filed a public interest litigation
petition under Art 32 of scale pollution caused to the river Polar due to the discharge of
untreated effluents by the tanneries and other industries in the State of Tamil Nadu. The
Court appointed a committee to report on the matter. The Supreme Court after examining the
report- submitted by the Committee, delivered its judgement making all efforts to maintain a
balance/harmony between economic development of the people on one hand and welfare of
the people on the other. The Court held that “sustainable development is a balancing concept
between ecology and development.
12. Kamalnath vs. Union of India, (1997) 1 SCC 388: This case is of great importance. In this
case, the Supreme Court condemned the misuse of political power by the then Union Minister
for Environment and Forests for encroaching the Government/Forest land in 1990 for
construction of a span club in Kullu Manali Valley: and evolved the principle of Public Trust
Doctrine’.
13. M.C. Mehta vs. Union of India, AIR 1988 SC 1115 (Ganga River Pollution Case): The
river Ganga is very famous for its historical significance and religious importance. It got
polluted due to discharge of industrial wastes, effluents, human excreta into the river. Further,
a number of dead bodies are being thrown into the river at Kasi, with a belief that the dead
persons would too to heaven directly since they consider Kasi as holy place and the river as
sacred. The petitioner. M.C. Mehta, Advocate. Supreme Court filed a PIL petition in the
Supreme Court under Art.32 of the Constitution against the Union of India, Kanpur
Municipal Corporation and others for removal of public nuisance caused by the polluted
Ganga water, The Supreme Court allowed the petition and directed the authorities concerned
to take up necessary steps for removal of the public nuisance and also appreciated the
petitioner for taking imitative in this regard.
14. Mohanlal Sharma vs. State of U.P. (1989) 2 SCC 609: In this cast, a telegram was sent to
the Court from the petitioner alleging that his son was murdered by the police in the police

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lock-up. ‘The telegram was treated as writ-petition by the Court and the case was directed to
be referred to C.B.I. for a thorough and detailed investigation.

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BIBLIOGRAPHY

Books Referred
 Dr.S.R.MYNANI

Websites
 https://www.researchgate.net/publication/315028329_Judicial_Activism_a
nd_Public_Interest_Litigation_In_India
 http://shodhganga.inflibnet.ac.in/bitstream/10603/18104/12/12_chapter%
204.pdf

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