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India has a recent history of judicial activism, originating after the Emergency in India which saw attempts by the Government to control the judiciary. Public Interest Litigation was thus an instrument devised by the courts to reach out directly to the public, and take cognizance though the litigant may not be the victim.
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL).It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer.
Vishaka and Ors. v. State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
Others noted the judgment as the expression of judicial activism because only a two-judge bench had made a substantial change in constitution. [7] The decisionappeared while liberalisation was a government policy looking for Indian soil to sprout, and commercialisation of education was not as rampant as it is now. [8]
In 1957, Iyer stood for elections again from the Thalassery constituency as an independent candidate. He was supported by the Communist Party of India. [11] He was a Minister between 1957 and 1959 in the government led by E. M. S. Namboodiripad, holding the portfolios for Home, Law, Prison, Electricity, Irrigation, Social Welfare and Inland ...
He was known for his judicial innovation through landmark judgements, which made him "the face of judicial activism" in India. [2] His decisions were credited with the forging of powerful new judicial tools such as continuing mandamus, [3] and the expanded protection of fundamental rights as in the Vishaka Judgement. [4]
The Jan Lokpal Bill, also referred to as the Citizen's Ombudsman Bill, was a bill drawn up by civil society activists in India seeking the appointment of a Jan Lokpal, an independent body to investigate corruption cases and complete the investigation within a year for envisaging trial in the case getting completed within one year.
In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.