Justice
BV Nagarathna of the Supreme Court has emphasized the urgent need to address
the misuse of Public Interest Litigations (PILs), a powerful legal tool
originally intended to rectify injustices. Speaking at the launch of Law,
Justice and Society: Selected Works of Upendra Baxi on March 4, 2025, at
the Indian Law Institute, New Delhi, she expressed concern over how PILs, due
to the actions of a few, have increasingly come under suspicion rather than
being seen as a force for good.
"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 some, is now viewed with suspicion rather than as a positive
mechanism for change," she stated.
PILs as a Tool for Social Transformation
Justice
Nagarathna recalled Professor Upendra Baxi’s significant contributions to the
evolution of PILs. She noted that his work has demonstrated their vital role in
holding the State accountable, safeguarding fundamental rights, and
facilitating social justice. By empowering citizens, civil society
organizations, and marginalized groups to challenge systemic injustices,
PILs—termed social action litigation by Professor Baxi—have served as an
essential instrument of democratic engagement.
However,
the Judge also expressed concern over the increasing misuse of PILs to advance
vested interests and personal motives, which undermines their original purpose.
Professor Upendra Baxi: A Scholar of Jurisprudence
Justice
Nagarathna hailed Professor Baxi as a "distinguished scholar of
jurisprudence" whose incisive legal analysis has significantly shaped the
evolution of law. His critiques have challenged judicial reasoning, encouraged
self-reflection among judges, and ensured that legal scholarship remains an integral
part of democratic discourse.
"Professor
Baxi’s scholarship serves as a powerful reminder that constitutionalism is
about the lived experiences of people—their struggles for justice and the
continuous quest for a more equitable and democratic society. His writings urge
us to view the Indian Constitution as a dynamic document that embodies deeper
aspirations of justice, governance, and societal transformation," she
remarked.
Justice
Nagarathna highlighted Professor Baxi’s legal activism, particularly his critique
of the infamous Mathura rape case, which led to critical legal reforms, and his
advocacy for securing compensation for the victims of the Bhopal Gas Tragedy.
She also
commended the contributions of Professors Amita Dhanda and Arun Thiruvengadam,
the editors of the book, for their efforts in preserving and presenting
Professor Baxi’s influential work.
