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The Indian Constitution provided a comprehensive regime to the constitutional
courts for access to justice in the form of provisions of Public Interest Litigation.
However, access to higher court for justice remained a dream for decades; until
the higher judiciary decided to play an active role. Justice was meant for few who
could afford it. However, judicial activism played a significant role to achieve the
purpose of an easy, cheap and expedient access to the constitutional courts in case
of breach of fundamental rights. The Courts gradually discovered their implied
powers of Public Interest Litigation and opened their door for the poor and lower
strata of the society to approach them directly or through their representatives.
For such jurisdictional expansion, Article 32 of the Constitution for the Supreme
Court of India and Article 226 for High Courts were interpreted in a way to
empower the poor public for access to justice directly without any impediment.
The constitutional provisions and the following judicial role helped achieve new
set of principles of Public Interest Litigation, avoiding turning it into personal or
political litigation.
Amanulah. (2018) Constitutional Jurisdiction of Public Interest Litigation Assuring Access to Justice in India, Journal of the Research Society of Pakistan, Volume 55, Issue 2.
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