Supreme Court judge Justice BV Nagarathna, who is expected to become India’s 54th Chief Justice in 2027, recently expressed concerns over the misuse of Public Interest Litigations (PILs), stating that it’s time to reflect on this issue.
“Where is the real PIL these days,” Justice Nagarathna remarked, highlighting that a legal tool intended to rectify injustices has been misused by some, leading to a growing skepticism toward it. She made these comments during the launch of Professor Upendra Baxi’s book Law, Justice, Society at the Indian Law Institute in New Delhi.
“I think the time has now come for him to think and write about the misuse of PIL, a powerful legal weapon for ameliorating injustices, which owing though the actions of a few has been reduced to being viewed with suspicion and not in a positive light,” Justice Nagarathna said
Justice Nagarathna praised Professor Baxi as an eminent scholar whose work has significantly contributed to the development of law, urging judges to remain self-reflective. She noted that his critiques have played a key role in keeping legal discourse dynamic and relevant in India’s democratic framework.
Referring to Professor Baxi as a “living repository” of India’s post-independence legal and constitutional journey, she emphasized that his work reminds us that constitutionalism goes beyond the law, encompassing the lived experiences and struggles for justice. His writings, she said, encourage us to view the Indian Constitution as a living document that reflects the deeper aspirations of justice, governance, and societal progress.