Exploring the Contemporary Relevance of Article 32: A Study on Public Interest Litigation, Jurisprudence, and Demosprudence

  • Aakansh Vijay and Aaryan Bagrecha
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  • Aakansh Vijay

    Student at National Law University, Jodhpur, India.

  • Aaryan Bagrecha

    Student at National Law University, Jodhpur, India.

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This paper examines the critical interplay between Article 32 of the Indian Constitution and Public Interest Litigation (PIL), pivotal to safeguarding justice and fundamental rights in India. Article 32 empowers citizens to seek Supreme Court intervention for rights violations, forming the basis for PILs that advocate for the voiceless and marginalized, transcending traditional legal protocols. The study traces the historical evolution of these legal instruments from the Constitution's inception to the present, highlighting the Supreme Court's shift from a conventional judiciary to an active socio-political entity. This study examines PIL jurisprudence that dates back to the 1980s and highlights key cases that have influenced the field's growth. It highlights how the effectiveness of PILs is influenced by judicial activism and demosprudence, or democratic judicial inventiveness, demonstrating the Supreme Court's dedication to justice outside of inflexible legal frameworks. Analyses comparing PIL in the UK and the USA show both shared and distinct national issues, such as procedural delays and judicial overreach. A detailed case study of the Narmada Bachao Andolan PIL illustrates the complexities of balancing development with environmental and social justice, emphasizing PIL's role in addressing multifaceted public interest issues. The paper concludes by addressing criticisms of PIL, including potential misuse and judicial overreach, and underscores the need for preserving its integrity as a tool for justice. Through this exploration, the paper highlights the transformative impact of Article 32 and PIL in reinforcing democratic ideals and ensuring justice in India.


Research Paper


International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 1228 - 1241

DOI: https://doij.org/10.10000/IJLSI.112030

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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