Lexibal
  • Home – Lexibal
  • Blogs
  • Careers
    • Career Guide
  • Law Notes
    • All Subjects Notes
      • Administrative Law Notes
      • Law of Contract Notes
      • Law of Torts Notes
      • Jurisprudence Notes
      • Constitutional Law Notes
      • Civil Procedure Code (CPC) Notes
      • More Subjects Notes
  • Case Laws
  • Updates
    • For Law Students
    • For CLAT Aspirants
  • My Bookmarks
Reading: Judicial Review & Public Interest Litigation (PIL)
Share
Submit Post
LexibalLexibal
Font ResizerAa
  • Home
  • All Subjects Notes
  • Blogs
  • Career Guide
  • Home – Lexibal
  • Blogs
  • Careers
    • Career Guide
  • Law Notes
    • All Subjects Notes
  • Case Laws
  • Updates
    • For Law Students
    • For CLAT Aspirants
  • My Bookmarks
Lexibal > Blog > Law Notes > Constitution Law Notes > Judicial Review & Public Interest Litigation (PIL)
Constitution Law Notes

Judicial Review & Public Interest Litigation (PIL)

3 Min Read
Share
3 Min Read
Judicial Review

Judicial Review: An Overview

Judicial review is the power of the judiciary to examine the constitutionality of legislative enactments and executive orders. It ensures that laws and actions of the government comply with the Constitution of India. If any law or action is found to be unconstitutional, the judiciary can declare it null and void.

Contents
Judicial Review: An OverviewConstitutional BasisLandmark Case LawsPublic Interest Litigation (PIL): Concept and EvolutionKey FeaturesNotable PIL CasesSignificanceCriticism and ChallengesConclusion

Constitutional Basis

  • Article 13 of the Constitution empowers courts to strike down laws that contravene Fundamental Rights.
  • Article 32 and Article 226 provide the Supreme Court and High Courts respectively the power to issue writs for enforcement of rights.

Landmark Case Laws

  1. Kesavananda Bharati v. State of Kerala (1973)
    – Established the Basic Structure Doctrine, restricting the amending power of Parliament under Article 368.
  2. Minerva Mills v. Union of India (1980)
    – Reaffirmed that judicial review is part of the basic structure and cannot be taken away.
  3. I.R. Coelho v. State of Tamil Nadu (2007)
    – Any law placed under the Ninth Schedule after 1973 is open to judicial review if it violates fundamental rights.

Public Interest Litigation (PIL): Concept and Evolution

PIL allows any individual or organization to file a petition on behalf of those whose rights are being infringed and who may not be in a position to approach the courts. It is a tool to ensure access to justice for all.

Key Features

  • Filed in the interest of the public, not for personal gain.
  • Can be initiated by any person (including NGOs or social activists).
  • Relaxes locus standi, enabling broader access to justice.

Notable PIL Cases

  1. Hussainara Khatoon v. State of Bihar (1979)
    – Led to the release of thousands of undertrial prisoners.
  2. MC Mehta v. Union of India
    – Environmental PILs leading to closure of polluting industries and protection of the Ganga.
  3. Vishaka v. State of Rajasthan (1997)
    – Laid down guidelines against sexual harassment at the workplace.

Significance

  • Ensures accountability of government bodies.
  • Strengthens democracy by empowering citizens.
  • Enhances judicial activism in public welfare matters.

Criticism and Challenges

  • Judicial Overreach: Sometimes courts are seen stepping into executive or legislative domains.
  • Misuse of PILs: Increasing instances of frivolous or politically motivated PILs.
  • Delay in Genuine Cases: Overburdening of courts may delay serious matters.

Conclusion

Judicial Review and PILs are pillars of constitutional governance in India. While Judicial Review protects the Constitution from arbitrary laws, PILs empower citizens and promote social justice. Together, they ensure the judiciary acts as a guardian of rights and upholder of constitutional values.

TAGGED: constitution, Judicial Review

Sign Up For Daily Newsletter

Be keep up! Get the latest breaking news delivered straight to your inbox.
[mc4wp_form]
By signing up, you agree to our Terms of Use and acknowledge the data practices in our Privacy Policy. You may unsubscribe at any time.
Share This Article
Facebook Twitter Copy Link Print
What do you think?
Love0
Happy0
Sleepy0
Dead0
Previous Article Union-State Relations Union-State Relations
Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Facebook Like
Twitter Follow
Pinterest Pin
Instagram Follow

Subscribe Now

Subscribe to our newsletter to get our newest articles instantly!

[mc4wp_form]
Most Popular
Union-State Relations
Union-State Relations
August 5, 2025
Emergency Provisions (Articles 352–360)
Emergency Provisions (Articles 352–360)
August 5, 2025
Property Law Notes
August 5, 2025
Feminist Jurisprudence
Feminist Jurisprudence
August 4, 2025
Human Rights and Jurisprudence
Human Rights and Jurisprudence
August 4, 2025

You Might Also Like

Union-State Relations
Constitution Law Notes

Union-State Relations

3 Min Read
Emergency Provisions (Articles 352–360)
Constitution Law Notes

Emergency Provisions (Articles 352–360)

3 Min Read
Elections & the Representation of the People Act (RPA)
Constitution Law Notes

Elections & the Representation of the People Act (RPA)

3 Min Read
Right to Property & 44th Constitutional Amendment
Constitution Law Notes

Right to Property & 44th Constitutional Amendment

3 Min Read

Always Stay Up to Date

Subscribe to our newsletter to get our newest articles instantly!

[mc4wp_form]
Lexibal

We provide tips, tricks, and advice for improving websites and doing better search.

Latest News

  • Innovate
  • Gadget
  • PC hardware
  • Review
  • Software

Resouce

  • Medicine
  • Children
  • Coronavirus
  • Nutrition
  • Disease

Get the Top 10 in Search!

Looking for a trustworthy service to optimize the company website?
Submit Your Article
Welcome Back!

Sign in to your account

Lost your password?