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Legal News Article by - Supragya Singh, Dr. Ram Manohar Lohiya National Law University.
Speaking at the Book Launch of 'Law, Justice and Society: Selected Works of Upendra Baxi' on 4th March 2025 at the Indian Law Institute, New Delhi, Justice B.V. Nagarathna commented, “I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to being viewed with suspicion and not in a positive light”.
Evolved during the 1970s, Public Interest Litigation (‘PIL’) serve as a tool to raise issues concerning larger public interest that affect the rights of the citizens. Through PILs in the past multiple concerns like the rights of prisoners, bonded labourers, other neglected people and issues were brought before the judicial forum. An individual can file a PIL on behalf of those who face specific issues but are not well-placed to go for litigation. Thus, PIL have served as a tool of social change in a significant manner at different times.
At the book launch, Justice B.V. Nagarathna commented that Prof. Upendra Baxi rightly termed PIL as ‘Social Action Litigation’ as she reminisced over how Prof. Baxi had highlighted the importance of PIL in holding the state accountable and safeguarding fundamental rights. Even the most marginalised, civil society and NGOs have found a tool to seek for social justice. However, the Hon’ble Justice also expressed concern over the recent misused of PIL to serve hidden and vested interests of the individuals.
The Hon’ble Justice lauded the work of Prof. Baxi and commented, "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. Professor Baxi's writings urge us to view the Indian Constitution as a dynamic document that embodies deeper aspirations of justice, governance, and societal transformation,". She highlighted his contribution in securing the compensation in the Bhopal gas tragedy case and also his critique of the Mathura rape case which later led to reform in the law.
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