Chapter 25: Judicial Review, Judicial Activism, and PIL
Part 1: Judicial Review
Meaning
Judicial Review means the power of the judiciary to examine the constitutionality of legislative enactments and executive orders.
If any law or executive action is found to be violating the Constitution, the judiciary can declare it null and void.
Thus, Judicial Review ensures:
- Supremacy of the Constitution,
- Rule of Law,
- Protection of Fundamental Rights.
Constitutional Provisions for Judicial Review
- Article 13:
Any law inconsistent with Fundamental Rights is void. - Article 32 and 226:
Empower SC and High Courts to issue writs for enforcement of rights. - Articles 131, 136, 137, 143, 226, 245, 246, 251, 254, and 372 also provide bases for judicial review.
Scope of Judicial Review
- Legislative Actions:
Review of laws passed by Parliament and State legislatures. - Executive Actions:
Review of administrative decisions, policies. - Constitutional Amendments:
Even constitutional amendments can be reviewed (after Kesavananda Bharati case).
Important Cases Related to Judicial Review
| Case | Importance |
|---|---|
| Kesavananda Bharati Case (1973) | Introduced Basic Structure Doctrine. |
| Golaknath Case (1967) | Fundamental Rights cannot be amended. |
| Minerva Mills Case (1980) | Limited Parliament’s amending power. |
| S.R. Bommai Case (1994) | Judicial review of President’s Rule. |
Importance of Judicial Review
- Protects Fundamental Rights,
- Maintains federal balance,
- Checks misuse of power,
- Preserves Basic Structure of Constitution.
Limitations on Judicial Review
- Judiciary cannot rewrite laws — can only examine validity.
- Judicial review is reactive, not proactive — only when cases are brought before it.
- Excessive judicial interference can disturb balance among organs.
Part 2: Judicial Activism
Meaning
Judicial Activism means judiciary actively stepping into policy matters and giving broad interpretations to constitutional provisions to achieve justice.
It happens when courts:
- Fill gaps in legislation,
- Compel the executive to act,
- Extend rights through interpretations.
Key Features of Judicial Activism
- Relaxation of traditional standing rules (allowing PILs),
- Expanding scope of Fundamental Rights (e.g., Right to Health, Right to Education),
- Suo-motu actions (on its own).
Important Cases of Judicial Activism
| Case | Importance |
|---|---|
| Vishaka vs State of Rajasthan (1997) | Laid guidelines for preventing sexual harassment at workplace. |
| MC Mehta Cases | Environmental protection (Taj Trapezium, Ganga cleaning). |
| Olga Tellis vs Bombay Municipal Corporation (1985) | Recognized Right to Livelihood under Article 21. |
| Unnikrishnan JP vs State of Andhra Pradesh (1993) | Right to Education as Fundamental Right. |
Positive Impact of Judicial Activism
- Strengthens rights and freedoms,
- Forces accountability of government,
- Helps marginalized sections of society,
- Promotes social reforms (environment, gender justice, etc.).
Criticism of Judicial Activism
- Judicial Overreach:
Courts sometimes enter into policy-making domain (reserved for executive/legislature). - Violates Separation of Powers:
Judiciary cannot act as super-legislature or super-executive. - Undermines Democratic Process:
Elected representatives should decide policies, not unelected judges.
Part 3: Public Interest Litigation (PIL)
Meaning
PIL is a mechanism through which any person can approach the courts for the protection of public interest,
even if they are not directly affected.
Thus, PIL democratizes access to justice.
Evolution of PIL in India
- Developed by Supreme Court in late 1970s and 1980s.
- First notable PIL cases:
- Hussainara Khatoon case (1979): Speedy trial rights.
- S.P. Gupta case (1981): Transparency in government functioning.
Objectives of PIL
- To protect rights of disadvantaged sections,
- To ensure government accountability,
- To uphold rule of law,
- To expand access to justice.
Who Can File PIL?
- Any public-spirited individual or organization.
- Need not be personally affected.
- Filed directly in:
- Supreme Court under Article 32,
- High Courts under Article 226.
Subjects of PIL
| Area | Examples |
|---|---|
| Environmental Protection | Pollution, forest conservation (MC Mehta Cases) |
| Human Rights | Prisoner rights, bonded labor, child labor (Sunil Batra Case) |
| Governance Accountability | CAG reports, scams |
| Women and Children Welfare | Protection against exploitation |
Famous PILs
- MC Mehta vs Union of India: Ganga pollution case.
- Vishaka case: Guidelines on sexual harassment.
- Olga Tellis case: Right to livelihood.
Advantages of PIL
- Empowered poor and marginalized to access courts.
- Broadened scope of Fundamental Rights.
- Strengthened judiciary’s role as protector of democracy.
- Created public awareness.
Problems with PILs
- Misuse: Some PILs filed for publicity (called “Publicity Interest Litigations”).
- Judicial Overburden: Too many frivolous PILs clog courts.
- Policy Intrusion: Courts sometimes interfere in policy domains.
Thus, courts have recently emphasized screening PILs carefully.
Comparison: Judicial Review vs Judicial Activism
| Aspect | Judicial Review | Judicial Activism |
|---|---|---|
| Meaning | Examination of law’s constitutionality | Active role in policy-making |
| Nature | Traditional | Dynamic and interventionist |
| Initiation | Only when challenged | Sometimes suo motu (on its own) |
| Example | Striking down unconstitutional law | Expanding Right to Livelihood |
Recent Developments
- PILs against COVID-19 mismanagement,
- Judicial activism on climate change policies,
- Debates on respecting “Lakshman Rekha” (boundaries) between Judiciary, Legislature, Executive.
Conclusion
Judicial Review, Judicial Activism, and PIL have strengthened Indian democracy and protected citizens’ rights.
However, judicial restraint is equally important to preserve the delicate balance between the organs of government.
“The judiciary must be independent but not arbitrary.” — Justice Krishna Iyer
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Origin of PIL | USA; popularized in India by SC |
| Leading PIL Judge | Justice P.N. Bhagwati |
| Article for Judicial Review | Art 13, Art 32, Art 226 |
| First famous PIL case | Hussainara Khatoon case (1979) |
| Doctrine protecting Constitution | Basic Structure Doctrine (Kesavananda Bharati case) |
Chapter 26: High Courts — Organization, Jurisdiction, and Powers
Introduction
The High Court is the highest court at the state level.
It plays a vital role in:
- Upholding Fundamental Rights,
- Maintaining rule of law,
- Ensuring state administration functions constitutionally.
Each state has its own High Court, though some High Courts serve multiple states/UTs.
Constitutional Provisions
- Articles 214 to 231 in Part VI of the Constitution deal with High Courts.
Organization of High Court
Composition
| Post | Details |
|---|---|
| Chief Justice | Head of High Court |
| Other Judges | Number decided by President |
(No fixed strength in Constitution — depends on workload.)
Appointment of Judges
- Appointed by the President.
- Consultation with:
- Chief Justice of India (CJI),
- Governor of the respective state,
- Chief Justice of that High Court.
Qualifications for Appointment as High Court Judge
As per Article 217:
- Citizen of India,
- Must have:
- 10 years as an advocate in High Court or two/more such Courts, OR
- 10 years as judicial officer in Indian territory.
Tenure and Removal
| Point | Details |
|---|---|
| Tenure | Till 62 years of age |
| Resignation | By writing to the President |
| Removal | Same as Supreme Court Judges — impeachment process (Art 124(4)). |
Transfer of High Court Judges
- President can transfer a judge from one High Court to another,
- After consulting:
- Chief Justice of India,
- Chief Justice of both High Courts concerned.
Jurisdiction and Powers of High Courts
1. Original Jurisdiction
- Some High Courts (e.g., Bombay, Madras, Calcutta, Delhi) have original jurisdiction over:
- Matters like civil disputes above a certain value,
- Election disputes regarding Parliament and State Legislatures.
2. Writ Jurisdiction (Article 226)
- Can issue writs for:
- Enforcement of Fundamental Rights,
- Other legal rights (broader than SC under Art 32).
Types of Writs:
- Habeas Corpus,
- Mandamus,
- Prohibition,
- Certiorari,
- Quo Warranto.
Note:
High Courts have wider writ jurisdiction than Supreme Court because SC can only enforce Fundamental Rights under Article 32.
3. Appellate Jurisdiction
- Hears appeals:
- Civil Appeals,
- Criminal Appeals,
- Revenue Appeals.
Civil Cases:
Appeals from lower courts (District Courts) in property, contract, family matters.
Criminal Cases:
Appeals against conviction/sentence from Sessions Courts.
4. Supervisory Jurisdiction (Article 227)
- High Court supervises:
- Subordinate Courts,
- Tribunals within its territory.
Can:
- Call for records,
- Issue directions for improvement of judicial work,
- Transfer cases.
5. Control over Subordinate Judiciary (Article 235)
- High Court controls:
- Posting,
- Promotion,
- Leave,
- Discipline of District Judges and lower judicial officers.
6. Power of Judicial Review
- Like Supreme Court, High Courts can:
- Strike down laws/executive actions violating the Constitution.
Independence of High Court Judges
Safeguards for Independence:
- Security of tenure — can only be removed by impeachment.
- Salaries and allowances are charged on Consolidated Fund of the State — not subject to vote of legislature.
- Powers to conduct court proceedings free from executive pressure.
- Transfer only by President with CJI consultation.
High Courts with Jurisdiction Over More Than One State/UT
| High Court | States/UTs Covered |
|---|---|
| Bombay High Court | Maharashtra, Goa, Dadra & Nagar Haveli, Daman & Diu |
| Gauhati High Court | Assam, Nagaland, Mizoram, Arunachal Pradesh |
| Kerala High Court | Kerala and Lakshadweep |
| Punjab and Haryana High Court | Punjab, Haryana, Chandigarh |
| Madras High Court | Tamil Nadu and Puducherry |
Subordinate Courts
- High Courts have control over subordinate courts:
- District Courts (Civil cases),
- Sessions Courts (Criminal cases),
- Family Courts, Labour Courts, Consumer Forums, etc.
Comparison: Supreme Court vs High Court
| Feature | Supreme Court | High Court |
|---|---|---|
| Jurisdiction | Entire country | Specific state/region |
| Retirement Age | 65 years | 62 years |
| Writ Jurisdiction | Only FRs (Art 32) | FRs + Legal Rights (Art 226) |
| Original Jurisdiction | Centre-State disputes | Limited (civil/election cases) |
Important Landmark Judgments by High Courts
| Case | Importance |
|---|---|
| Kesavananda Bharati case (initial hearing) | Started at Kerala HC before SC hearing. |
| Narmada Bachao Andolan cases | Bombay and Madhya Pradesh HCs took proactive environment steps. |
| Shah Bano case | Involved initial High Court judgments before SC confirmed Right to Maintenance. |
Recent Developments
- Increasing backlog of cases at High Courts.
- Push for faster appointments and setting up regional benches.
- Digitization of High Court records and online hearings.
- Creation of new High Courts for newly created states (e.g., Telangana High Court in 2019).
Challenges Faced by High Courts
- Delay in judge appointments.
- Huge pendency of cases (lakhs of pending cases).
- Infrastructure and staff shortage.
- Politicization of judiciary (rare but serious danger).
Way Forward
- Faster filling of vacancies.
- Strengthening infrastructure (courtrooms, technology).
- Judicial reforms for efficiency and speed.
- Promoting Alternative Dispute Resolution (ADR) like Lok Adalats, mediation.
Conclusion
The High Courts of India act as pillars of justice in states.
They protect citizens’ rights, supervise subordinate courts, and ensure constitutional governance at the regional level.
Strong, independent, and efficient High Courts are essential for the success of Indian democracy.
“Justice must not only be done but must be seen to be done — and High Courts are the first protectors of this principle.“
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Article for High Courts | 214–231 |
| Retirement Age | 62 years |
| First High Court in India | Calcutta High Court (1862) |
| High Courts with multiple states | Bombay, Gauhati, Kerala, Punjab & Haryana, Madras |
| Writ Jurisdiction Article | 226 |
| Supervisory Powers Article | 227 |