Further Considerations
A bench consisting of Justices G. S. Singhvi and Asok Kumar Ganguly pointed out that laws enacted for achieving the goals set out in the Preamble to the Constitution were inadequate; the benefits of welfare measures embodied in the legislation had not reached millions of poor people, and efforts to bridge the gap between rich and poor did not yield the desired results.
Writing the judgment in a case concerning sewage workers, Justice Singhvi stated: “The most unfortunate part of the scenario is that whenever one of the three constituents of the state i.e. the judiciary issues directions for ensuring that the right to equality, life and liberty no longer remains illusory for those who suffer from the handicaps of poverty, illiteracy and ignorance, and directions are given for implementation of the laws enacted by the legislature for the benefit of the have-nots, a theoretical debate is started by raising the bogey of judicial activism or overreach”.
The bench clarified that it was necessary to erase the impression on some that the superior courts, by entertaining PIL petitions for the poor (who could not seek protection of their rights), exceeded the unwritten boundaries of their jurisdiction. The judges said it was the duty of the judiciary (like that of the legislative and executive constituents of the state) to protect the rights of every citizen and ensure that all lived with dignity.
Such cases may be filed in the public interest when victims lack the capability to commence litigation, or their freedom to petition the court has been encroached. The court may proceed suo motu, or cases can proceed on the petition of an individual or group. Courts may also proceed on the basis of letters written to them, or newspaper reports.
Read more about this topic: Public-interest Litigation (India)