In recent years, the Supreme Court paved a new path for ordinary and exploited citizens by Public Interest Litigations. Under this arrangement, the judge can pass order in matter related to public interest without any judicial fees and prescribed procedure on complaint filed by any person or organization. The approach which the Supreme Court has adopted in these cases filed in the public interest is called Judicial Activism approach. Judicial Activism and Public Interest Litigations are interconnected.
It is clear from the following ideas :
i. The Supreme Court has granted public interest related matters. According to this belief, a person can fight a case on behalf of a group or class that has been deprived of legal or constitutional rights. From this point of view , any person can approach judiciary on behalf of poor, disabled, helpless and socially and financially vulnerable people. The court will be able to take action only after giving it in written form without having to worry about all its technical and operational procedures.
ii. Article 21 of the constitution has been interpreted in a new way. According to this, no person other than the established procedure by law will be deprived of his life and personal liberty. This implies that person should not be deprived of his independence unnecessarily. It has also been arranged that the government provides legal assistance to the poor. Being prodigal and delayed proceeding of court, it is not possible for every person to get justice. Similarly, it has been arranged in criminal cases that unnecessary delays are not judicious. To end this delay, the court may order the state government to set up more courts and appoint more judges. Therefore, the nature of the Supreme Court has become proactive and legalistic from the legal system and Public Interest Litigation and it has started participating in the public suffering and social reforms.
