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Difficulty: Very hardIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

Regarding Public Interest Litigation (PIL) and the scope of judicial review in the Indian constitutional framework, which of the following statements are correct?

  1. Public Interest Litigation allows the Supreme Court under Article 32 and High Courts under Article 226 to relax the strict doctrine of locus standi to protect public interest or the rights of marginalized groups.Answer
  2. B
    Special Leave Petition under Article 136 constitutes an ordinary appellate right available to all litigants against any judgment of a court or tribunal.
  3. Judicial review of constitutional amendments and legislative enactments is recognized as an unalterable basic feature of the Indian Constitution.Answer
  4. D
    The writ jurisdiction of High Courts under Article 226 is narrower than that of the Supreme Court under Article 32 because High Courts can only enforce Fundamental Rights.

Answer

The correct statements are that Public Interest Litigation relaxes the traditional rule of locus standi for public interest causes under Articles 32 and 226, and that judicial review forms part of the basic structure of the Indian Constitution.
The relaxation of locus standi in PIL cases allows public-spirited citizens to file writs under Article 32 and Article 226 on behalf of oppressed individuals. Additionally, the power of judicial review is an integral component of the basic structure of the Indian Constitution.

Step-by-Step Solution

1
Analyze locus standi in PIL jurisdiction under Article 32 and Article 226
Confirm that PIL permits any public-spirited individual to approach the court on behalf of disadvantaged citizens who cannot enforce their own rights, effectively relaxing locus standi.
Procedural flexibility is essential to ensure access to constitutional remedies for socio-economically marginalized sections.
2
Evaluate the legal nature of Special Leave Petition under Article 136
Determine that Article 136 is a residual, discretionary constitutional power of the Supreme Court, not a statutory right of appeal for litigants.
Article 136 does not confer a right of appeal on any party; it grants broad discretion to the apex court to interfere in extraordinary situations to prevent grave injustice.
3
Assess the status of Judicial Review under the Basic Structure Doctrine
Confirm that judicial review is a fundamental constitutional feature that cannot be damaged or destroyed by any constitutional amendment under Article 368.
Judicial review safeguards constitutional supremacy and preserves the rule of law.
4
Compare the scope of writ jurisdictions under Article 32 and Article 226
Identify that Article 226 permits writ issuance for fundamental rights and ordinary legal rights ('for any other purpose'), making High Court writ powers broader than the Supreme Court's Article 32 power.
Article 32 is strictly limited to the enforcement of Fundamental Rights enshrined in Part III.

Key Concept

Judicial Review, Locus Standi in PIL, Article 136 Discretionary Power, and Comparative Scope of Writ Jurisdiction (Article 32 vs Article 226)
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Topics

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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