PIL, JUDICIAL ACTIVISM AND THE CLASS CHARACTER OF JUSTICE

PIL, JUDICIAL ACTIVISM AND THE CLASS CHARACTER OF JUSTICE

18-JULY-ENG 5

RAJIV NAYAN AGRAWAL

ARA----------------------When a society takes a turn, the first thing that becomes visible are the cracks in its foundation. That foundation, whose magnificent building was the resting place of a few people for centuries. When power starts getting challenged instead of the silence of the exploited, then the soul of the system starts trembling. The so-called sacred temples of justice, which till now seemed silent and impartial, suddenly speak up, sometimes in the name of public interest, sometimes on the pretext of the dignity of the Constitution. But the question is that when the cries of pain are resonating and there is a voice of rebellion even in silence, then is this activism of justice really an expression of justice, or the nervousness of some uncomfortable change?

The history of Indian democracy is not just the history of parliamentary elections and the upheaval of political parties. It is the history of a struggle in which sections of society that have been marginalized for a long time have demanded power, respect and representation. The first half of the 1990s was a decisive turning point in this struggle. This was the time of the rise of such a social class in Indian politics, which had not been allowed to enter power for decades. During this period, the judiciary of India also adopted a new form – judicial activism. This activism intervened many times in favor of the deprived society, but on most occasions it became a means to limit the politics of the newly emerging social forces.

When the recommendations of the Mandal Commission were implemented in 1990, for the first time such a rift appeared in the power structure of India, which was not only political but also social and ideological. At that time, the central government under the leadership of V.P. Singh gave 27 percent reservation to the backward classes in government jobs.