Public Interest Litigation as a Tool of Transformative Constitutionalism in India: Reimagining Social Justice through the Supreme Court

  • Unique Paper ID: 197979
  • Volume: 12
  • Issue: 11
  • PageNo: 8142-8146
  • Abstract:
  • Public Interest Litigation has emerged as one of the most significant innovations in Indian constitutional law. It transformed the judiciary from a passive adjudicator of private disputes into an active constitutional institution capable of addressing structural injustice and collective suffering. This article examines PIL as an instrument of transformative constitutionalism in India, with special reference to the role of the Supreme Court. It argues that PIL helped shift Indian constitutional law from procedural formalism to substantive justice by widening locus standi, humanizing procedure, and expanding the meaning of fundamental rights under Articles 14, 21, and 32. Through judicial creativity, the Supreme Court converted constitutional promises into actionable remedies for labourers, prisoners, women, children, displaced persons, and environmentally affected communities. The article also critically evaluates the tensions within PIL, including misuse, overreach, and implementation deficits. It concludes that PIL remains a powerful constitutional device when guided by judicial restraint, institutional integrity, and a genuine commitment to social justice.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{197979,
        author = {Manav Pratim Dutta and Dr. Arvind Kumar},
        title = {Public Interest Litigation as a Tool of Transformative Constitutionalism in India: Reimagining Social Justice through the Supreme Court},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {11},
        pages = {8142-8146},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=197979},
        abstract = {Public Interest Litigation has emerged as one of the most significant innovations in Indian constitutional law. It transformed the judiciary from a passive adjudicator of private disputes into an active constitutional institution capable of addressing structural injustice and collective suffering. This article examines PIL as an instrument of transformative constitutionalism in India, with special reference to the role of the Supreme Court. It argues that PIL helped shift Indian constitutional law from procedural formalism to substantive justice by widening locus standi, humanizing procedure, and expanding the meaning of fundamental rights under Articles 14, 21, and 32. Through judicial creativity, the Supreme Court converted constitutional promises into actionable remedies for labourers, prisoners, women, children, displaced persons, and environmentally affected communities. The article also critically evaluates the tensions within PIL, including misuse, overreach, and implementation deficits. It concludes that PIL remains a powerful constitutional device when guided by judicial restraint, institutional integrity, and a genuine commitment to social justice.},
        keywords = {Public Interest Litigation, Transformative Constitutionalism, Social Justice, Supreme Court of India, Article 21, Access to Justice, Judicial Activism},
        month = {April},
        }

Cite This Article

Dutta, M. P., & Kumar, D. A. (2026). Public Interest Litigation as a Tool of Transformative Constitutionalism in India: Reimagining Social Justice through the Supreme Court. International Journal of Innovative Research in Technology (IJIRT), 12(11), 8142–8146.

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