Judicial Activism & PIL — Indian Polity

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Judicial Activism & PIL

2 questions

All (2) Unattempted (2) Skipped (0) Correct (0) Wrong (0)

Q.1

WBCS Prelims 2020

The Supreme Court of India upheld that RTI was applicable to the

A. Office of the CBI also.

B. Office of the NIA also.

C. Office of the CJI also.

D. Office of the PMO also.

Explanation

Why Correct: In November 2019, a five-judge Constitution Bench of the Supreme Court ruled that the office of the Chief Justice of India comes under the Right to Information Act, 2005, declaring it a 'public authority' under Section 2(h).
Distractor Analysis: The Central Bureau of Investigation has been covered under RTI since its inception as a central government agency. The National Investigation Agency operates under the Ministry of Home Affairs and is subject to RTI provisions. The Prime Minister's Office has been transparent under RTI since the Act's implementation in 2005.
Takeaway: The Supreme Court's 2019 judgment balanced judicial independence with transparency, clarifying that RTI cannot be used as a fishing expedition but must serve legitimate public interest.

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Q.2

WBCS prelims 2024

Public Interest Litigation is primarily associated with which concept?

A. Judicial Review

B. Judicial Activism

C. Federalism

D. NITI Aayog

Explanation

Why Correct: Public Interest Litigation (PIL) allows any citizen to approach a court for enforcement of public rights, and it is a direct expression of judicial activism. The Supreme Court expanded the scope of Article 32 and Article 226 through PIL, enabling courts to take suo motu cognizance of issues affecting the public at large.
Distractor Analysis: Judicial Review is the power of courts to examine the constitutionality of legislative and executive actions, a separate function under Articles 13, 32, 131-136, 143, 226, 227, 246, 251, 254, 372, and 395. Federalism is a system of government where power is divided between a central authority and constituent units, a structural principle, not a judicial concept. NITI Aayog is a policy think tank established in 2015 to replace the Planning Commission, with no direct connection to PIL.
Takeaway: The first PIL in India was filed in 1979 by Justice P. N. Bhagwati in Hussainara Khatoon v. State of Bihar, addressing undertrial prisoners' plight, and the concept was formalized in S. P. Gupta v. Union of India in 1981.

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