Time Has Come To Think & Write About Misuse Of PILs : Justice BV Nagarathna

Justice BV Nagarathna, Judge of the Supreme Court, recently commented about the misuse of Public Interest Litigations (PILs) and said that the time has come to think and write about this issue.

"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," Justice Nagarathna said.

She was 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.

In her address, she remembered how Professor Baxi has demonstrated the importance of PILs in acting as a mechanism for holding the State accountable, enabling the judiciary to act as a guardian of fundamental rights and a force for social transformation. Since PILs have empowered citizens, civil society organizations, and even the most marginalized groups to seek redress against systemic injustices, Professor Baxi rightly called PILs "social action litigation", Justice Nagarathna said.

At the same time, the Judge expressed her concerns about the recent trend of misusing PILs to subserve oblique motives and vested interests.

Professor Baxi - distinguished scholar of jurisprudence

Justice Nagarathna hailed Professor Baxi as a "distinguished scholar of jurisprudence" whose incisive legal analysis has led to the evolution of law. His critiques have great intellectual force, prompting judges to be more self-reflective and ensuring that legal scholarship remains a vital part of democratic discourse.

She said Professor Baxi was a living repository of India's post-independence legal and constitutional history.

"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 said.

His work exemplifies the fusion of intellectual rigor with a dedicated commitment to social justice, demonstrating that legal scholarship can be an instrument of change rather than a mere exercise in abstraction, Justice Nagarathna said. As examples of his legal activism, she cited his critique of the infamous Mathura rape case, which led to reforms in the law and his contributions to secure compensation for the Bhopal Gas Tragedy victims.

Justice Nagarathna also lauded the efforts of Professors Kalpana Kannabiran, Amita Dhanda and Arun Thiruvengadam who were the Editors of the Book.