The courts in India do more than settle disputes between people. They can also check whether a law or a government action follows the Constitution. This power is called judicial review. Courts also hear cases filed for the good of the public, even by people who are not directly hurt. These are called Public Interest Litigation (PIL) cases. Exams ask about the Articles, the origin of PIL and the key judges and cases. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Judicial review is the power of courts to strike down laws and actions that go against the Constitution.
- It comes from Articles 13, 32 and 226, among others.
- The idea began in the USA with Marbury v. Madison (1803).
- PIL in India was developed by Justices P. N. Bhagwati and V. R. Krishna Iyer.
- Judicial review is part of the basic structure of the Constitution.
1. What is judicial review?
Judicial review is the power of the courts to examine:
- Laws made by Parliament and State legislatures.
- Orders and actions of the Central and State governments.
If a court finds that a law or action goes against the Constitution, it can declare it void, which means it has no effect.
The idea came from the USA. In Marbury v. Madison (1803), the US Supreme Court first used this power. In India, the Constitution itself gives the courts this role.
2. Constitutional basis
The term "judicial review" is not used in the Constitution, but several Articles support it:
| Article | What it says |
|---|---|
| Article 13 | Laws that take away or limit Fundamental Rights are void to that extent. |
| Article 32 | Right to move the Supreme Court to enforce Fundamental Rights. |
| Article 226 | Power of High Courts to issue writs, for Fundamental Rights and other legal rights. |
| Article 131 | Original jurisdiction of the Supreme Court in disputes between the Centre and States. |
| Article 136 | Special leave to appeal to the Supreme Court. |
Dr B. R. Ambedkar called Article 32 the "heart and soul" of the Constitution.
3. Judicial review and the basic structure
Courts can review not only ordinary laws but also constitutional amendments.
- In Kesavananda Bharati (1973), the Supreme Court held that Parliament cannot change the basic structure of the Constitution.
- In Minerva Mills (1980), it held that judicial review itself is part of the basic structure.
- In L. Chandra Kumar (1997), it held that the judicial review power of High Courts and the Supreme Court cannot be taken away.
So Parliament cannot remove judicial review even by a constitutional amendment.
4. What is Public Interest Litigation?
Normally, only a person whose own rights are hurt can go to court. This rule is called locus standi. PIL relaxes this rule.
Under PIL:
- Any public-spirited person or group can file a case for people who are poor, weak or unable to approach the court.
- The case must be about a public wrong or a matter of public interest, not a private dispute.
- The court may even treat a letter or postcard as a petition. This is called epistolary jurisdiction.
PIL can be filed in the Supreme Court under Article 32 or in a High Court under Article 226.
5. How PIL grew in India
- PIL grew in the late 1970s and early 1980s, after the Emergency.
- Justices P. N. Bhagwati and V. R. Krishna Iyer are seen as its pioneers.
- Hussainara Khatoon v. State of Bihar (1979) - about undertrial prisoners kept in jail for years - is often called the first reported PIL case.
- S. P. Gupta v. Union of India (1981) - the "Judges' Transfer case" - clearly widened locus standi.
Well-known PIL cases have dealt with bonded labour, pollution, the Ganga, sexual harassment at the workplace (Vishaka, 1997) and the right to food.
6. Criticism and safeguards
PIL has done much good, but it is also criticised:
- Some petitions are filed for publicity or private gain.
- Too many PILs add to the backlog of cases.
- Critics say courts sometimes enter the work of the executive, which is called judicial overreach.
To check misuse, the Supreme Court has laid down guidelines. Courts verify the credentials of the petitioner, refuse petitions filed for private motives, and can impose costs on frivolous PILs.
Judicial activism means courts playing an active role to protect rights. Judicial restraint means courts leaving policy matters to the legislature and executive.
7. Previous year questions
- Which case first established judicial review in the USA? – Marbury v. Madison (1803)
- Which Article declares laws inconsistent with Fundamental Rights to be void? – Article 13
- Which Article gives the right to move the Supreme Court for Fundamental Rights? – Article 32
- Under which Article can High Courts issue writs? – Article 226
- Who called Article 32 the 'heart and soul' of the Constitution? – Dr B. R. Ambedkar
- In which case did the Supreme Court give the basic structure doctrine? – Kesavananda Bharati (1973)
- In which case was judicial review held to be part of the basic structure? – Minerva Mills (1980)
- Which Supreme Court judges are seen as pioneers of PIL in India? – P. N. Bhagwati and V. R. Krishna Iyer
- Which case is often called the first reported PIL in India? – Hussainara Khatoon v. State of Bihar (1979)
- Which case widened locus standi and is known as the Judges' Transfer case? – S. P. Gupta v. Union of India (1981)
- What is the rule that only an affected person can go to court called? – Locus standi
- What is it called when a court treats a letter as a petition? – Epistolary jurisdiction
- Which 1997 PIL laid down guidelines on sexual harassment at the workplace? – Vishaka v. State of Rajasthan
- Under which Articles can a PIL be filed? – Article 32 and Article 226
- What is it called when courts step into the work of the executive? – Judicial overreach
8. How to revise this topic
Start with the Articles: 13 (void laws), 32 (Supreme Court), 226 (High Courts), 131 and 136.
Next, fix the cases on judicial review: Marbury v. Madison 1803, Kesavananda Bharati 1973, Minerva Mills 1980, L. Chandra Kumar 1997.
Then learn PIL: relaxed locus standi, epistolary jurisdiction, pioneers Bhagwati and Krishna Iyer, Hussainara Khatoon 1979 and S. P. Gupta 1981.
Finally, remember the terms: judicial activism, judicial restraint and judicial overreach.
9. Frequently Asked Questions
What is judicial review in India?
Judicial review is the power of the Supreme Court and High Courts to examine laws and government actions and declare them void if they go against the Constitution. It rests on Articles 13, 32 and 226, among others.
Is judicial review part of the basic structure?
Yes. In Minerva Mills (1980) the Supreme Court held that judicial review is part of the basic structure, so it cannot be removed even by a constitutional amendment.
What is Public Interest Litigation?
PIL is a case filed in the public interest by any public-spirited person or group, even if they are not directly affected. It relaxes the rule of locus standi and can be filed under Article 32 or Article 226.
Who started PIL in India?
Justices P. N. Bhagwati and V. R. Krishna Iyer are seen as the pioneers of PIL in India, which grew in the late 1970s and early 1980s.
What is the difference between judicial activism and judicial overreach?
Judicial activism is the court playing an active role to protect rights. Judicial overreach is when a court goes too far and steps into the work of the legislature or executive.
For more Polity topics in simple language, see our Writs in the Indian Constitution, Basic Structure Doctrine and Supreme Court of India posts, or browse the Polity section. Preparing for a civil services exam? Start with the UPSC CSE guide or join the 100 Hour GS Course.