Public Interest Litigation (PIL) emerged in the 1970s as a transformative judicial innovation aimed at widening access to justice for the poor and 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 for partisan ends.

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.”

Does the PIL jurisdiction need to be reconsidered? Here, we discuss the question.

Guest: Anuj Bhuwania and Talha Abdul Rahman

Host: Aaratrika Bhaumik

Producer: Jude Francis Weston

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