Nature of Judicial Review & PIL

Judicial Review represents the primary constitutional check on legislative and executive overreach, maintaining the Rule of Law.

1. The Concept of Judicial Review

Judicial review is the power of the judiciary to review and invalidate laws or executive orders that violate the Constitution. The Supreme Court and High Courts act as the protectors of constitutional limits, balancing judicial activism with judicial restraint to resolve backlogs and arrears.

2. Public Interest Litigation (PIL)

Traditionally, only the directly affected person had the locus standi to approach the courts. Under Justices P.N. Bhagwati and V.R. Krishna Iyer, the Supreme Court relaxed this rule to establish Public Interest Litigation (PIL):

Any public-spirited citizen or NGO can file a petition in the High Court (Article 226) or Supreme Court (Article 32) on behalf of poor, exploited, or marginalized groups who are unable to access the courts themselves due to poverty, ignorance, or social disability.

PIL has been used to champion environmental protection, prison reform, child labor rehabilitation, and gender equality (e.g. the Vishaka guidelines).