Public Interest Litigations (PILs) have long served as a powerful tool in the Indian legal system, enabling citizens to seek justice against systemic injustices. However, Supreme Court Judge Justice BV Nagarathna has voiced concerns over their increasing misuse, calling for deeper reflection on the issue.
Speaking at the book launch of Law, Justice and Society: Selected Works of Upendra Baxi on March 4, 2025, at the Indian Law Institute, New Delhi, Justice Nagarathna emphasized the urgent need to analyze how PILs, once regarded as a mechanism for ensuring justice, are now sometimes being misused.
"I think the time has now come for us to think and write about the misuse of PILs—a powerful legal weapon for ameliorating injustices, which, owing to the actions of a few, has been reduced to being viewed with suspicion and not in a positive light," she stated.
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During her address, Justice Nagarathna recalled how Professor Upendra Baxi has consistently highlighted the significance of PILs in holding the State accountable. PILs have played a crucial role in allowing the judiciary to safeguard fundamental rights and drive social change.
She noted that PILs have empowered marginalized communities, civil society organizations, and concerned citizens to challenge systemic injustices. Professor Baxi, a renowned scholar of law, aptly termed them “social action litigation.”
At the same time, Justice Nagarathna cautioned against the growing trend of individuals and organizations using PILs for personal or political motives rather than genuine public interest. This misuse, she warned, risks undermining the credibility and effectiveness of PILs.
Professor Upendra Baxi: A Pioneer in Legal Scholarship
Justice Nagarathna praised Professor Baxi as a "distinguished scholar of jurisprudence" whose insightful critiques have significantly influenced the evolution of Indian law. His work has inspired judges to be more introspective and has reinforced the role of legal scholarship in strengthening democracy.
"Professor Baxi's scholarship serves as a powerful reminder that constitutionalism is also about the lived experiences of people, the struggles for justice, and the ever-evolving quest for a more equitable and democratic society," she said.
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She highlighted his extensive contributions to legal discourse, citing his critique of the infamous Mathura rape case, which led to crucial legal reforms, and his instrumental role in securing compensation for the victims of the Bhopal Gas Tragedy.
Justice Nagarathna emphasized that Professor Baxi’s work exemplifies the fusion of intellectual rigor with an unwavering commitment to social justice. His legal activism has demonstrated that scholarship should not be confined to theoretical discussions but should serve as a vehicle for tangible societal change.
"His writings urge us to view the Indian Constitution as a dynamic document that embodies deeper aspirations of justice, governance, and societal transformation," she noted.
Justice Nagarathna also lauded the contributions of Professor Amita Dhanda and Professor Arun Thiruvengadam, who edited the book Law, Justice and Society: Selected Works of Upendra Baxi. Their efforts, she said, have played a crucial role in bringing together Professor Baxi’s impactful writings, ensuring that they remain accessible and relevant for future generations.
