Should the PIL jurisdiction be reconsidered?

Public Interest Litigation (PIL) emerged in the 1970s as a transformative judicial innovation aimed at widening access to justice for the poor and the marginalised. This was achieved by relaxing the strict rules of standing to permit representative actions, and by broadening the scope of judicial notice to allow courts to take suo motu cognisance of public issues and convert them into litigation. Over time, however, concerns have been raised about the misuse of this jurisdiction. More recently, during the ongoing proceedings in the Sabarimala reference case, the Union government has urged the Supreme Court to reconsider the PIL framework altogether, citing the rise of “agenda-driven litigation.” Should the PIL jurisdiction be reconsidered? Anuj Bhuwania and Talha Abdul Rahman discuss the question in a conversation moderated by Aaratrika Bhaumik.

Anuj Bhuwania is professor of law and author of Courting the People: Public Interest Litigation in Post-Emergency India; Talha Abdul Rahman is an advocate based in Delhi