Why this matters now
Activism, PIL and the overreach debate are a staple GS-2 theme on the judiciary’s role and the separation of powers — tested for meaning, evolution and the activism–restraint balance.
Judicial activism
Judicial activism is the proactive role of the judiciary in protecting citizens’ rights and promoting justice — going beyond a narrow interpretation of law to address gaps, especially when the other organs fail. It has driven progress on the environment, prisoners’ rights, bonded labour and good governance.
Public Interest Litigation (PIL)
PIL (pioneered by Justices P.N. Bhagwati and V.R. Krishna Iyer) relaxed the rule of locus standi — allowing any public-spirited person to approach the court on behalf of those who cannot. Epistolary jurisdiction lets even a letter be treated as a petition. PIL has been a powerful tool for the marginalised and for environmental and governance issues.
Judicial overreach and balance
Critics warn of judicial overreach — the judiciary stepping into the legislature’s/executive’s domain (policy-making, administration) — and the misuse of PIL (frivolous/“publicity interest” litigation). The ideal is a balance between judicial activism and judicial restraint, respecting the separation of powers.
UPSC angle
Know judicial activism vs restraint, PIL (relaxed locus standi, epistolary jurisdiction, Bhagwati/Krishna Iyer), its contributions (environment, marginalised), and the overreach/misuse debate.
Frequently asked questions
What is judicial activism?
The proactive role of the judiciary in protecting rights and promoting justice, sometimes going beyond a strict reading of the law.
What is PIL?
Public Interest Litigation — litigation filed for the protection of public interest, where the strict rule of locus standi is relaxed.
What is judicial overreach?
When the judiciary oversteps into the domains of the legislature or executive, upsetting the separation of powers.
Who pioneered PIL in India?
Justices P.N. Bhagwati and V.R. Krishna Iyer in the late 1970s and 1980s.