The Supreme Court of India: Judicial Activism and the PIL Revolution
The Story of PILs Across Diverse Fields
By Vishwas Kumar
New Delhi: June 04, 2026:
Introduction
Since independence, the Supreme Court of India has emerged not only as the guardian of the Constitution but also as a dynamic force of social change. Through Public Interest Litigations (PILs) and bold judicial activism, the Court has expanded fundamental rights, infused dignity into equality, safeguarded religious freedom, guaranteed education, and protected the environment. These interventions reveal how the judiciary has often stepped in where legislation or executive action lagged, ensuring that constitutional promises became lived realities.
Disputes involving inheritance, legal heirs, and succession rights frequently require courts to interpret family relationships, property claims, and applicable succession laws. For a detailed examination of these principles, readers may refer to Meera Devi (D) through LRs v. Dinesh Chandra Joshi (D) through LRs, which discusses important issues concerning property rights and claims pursued through legal representatives.
The Story of PILs Across Diverse Fields
Equality and Social Justice
- Indra Sawhney v. Union of India (1992): Balanced affirmative action with merit, introducing the 50% cap and creamy layer exclusion.
- Navtej Singh Johar v. Union of India (2018): Decriminalized homosexuality, expanding equality to LGBTQ+ citizens.
- Vishaka v. State of Rajasthan (1997): Created guidelines against workplace sexual harassment.
- Shayara Bano v. Union of India (2017): Struck down triple talaq, affirming gender equality.
- Lt. Col. Nitisha v. Union of India (2021): Ensured equal opportunities for women in the Army.
Religion and Secularism
- S.R. Bommai v. Union of India (1994): Declared secularism part of the Constitution’s basic structure.
- Sabarimala Case (2018): Allowed women entry into temples, reinforcing equality over tradition.
- Bijoe Emmanuel v. State of Kerala (1986): Protected minority students refusing to sing the national anthem.
- Ismail Faruqui v. Union of India (1994): Applied essential practices doctrine in mosque worship.
- Hadiya Case (2018): Upheld freedom to choose religion and spouse.
Education and Knowledge Access
- Mohini Jain v. State of Karnataka (1992): Declared education a fundamental right.
- Unni Krishnan v. State of Andhra Pradesh (1993): Linked education to Article 21.
- Society for Unaided Private Schools v. Union of India (2012): Upheld 25% reservation in private schools under RTE.
- Pramati Educational Trust v. Union of India (2014): Cemented constitutionality of RTE Act.
- Avinash Mehrotra v. Union of India (2009): Mandated fire safety in schools.
Environment and Sustainable Development
- MC Mehta v. Union of India (Oleum Gas Leak, 1986): Established absolute liability for hazardous industries.
- MC Mehta v. Union of India (Ganga Pollution, 1988): Ordered closure of polluting industries along rivers.
- Vellore Citizens Welfare Forum v. Union of India (1996): Declared sustainable development a constitutional principle.
- Rural Litigation and Entitlement Kendra v. State of UP (1985): Banned limestone quarrying in Mussoorie hills.
- MC Mehta v. Kamal Nath (1997): Applied public trust doctrine to rivers.
Deep Insight: Judicial Activism as a Constitutional Engine
Taken together, these PILs show how the Supreme Court has redefined rights dynamically:
- Equality was expanded to include dignity, non‑discrimination, and gender justice.
- Secularism was interpreted as equal respect for all faiths, balancing tradition with constitutional values.
- Education was transformed from a directive principle into a fundamental right, ensuring access and inclusion.
- Environment was woven into Article 21, making clean air, water, and ecological balance part of the right to life.
Judicial activism has thus acted as a constitutional engine, filling governance gaps, protecting vulnerable groups, and ensuring that fundamental rights evolve with society’s needs. While critics caution against overreach, the Court’s interventions have undeniably shaped India’s democratic and social landscape.