PILs reduced to suspicion due to misuse: SC Judge Nagarathna

Speaking at the launch of a four-volume compilation of the works of legal scholar Upendra Baxi, justice BV Nagarathna urged Baxi to write on the deteriorating standards of PILs

Public interest litigation (PIL), once a “virtuous weapon” for the weak and oppressed, has now been reduced to suspicion due to its misuse for monetary or publicity gains, Supreme Court judge justice BV Nagarathna said on Tuesday. 

Justice Nagarathna commended Baxi for his role in shaping legal thought, especially in human rights and constitutional law. (PTI)

Speaking at the launch of a four-volume compilation of the works of legal scholar Upendra Baxi, the judge urged Baxi to write on the deteriorating standards of PILs. “The P in PIL has become what is colloquially known as paisa interest litigation or publicity interest litigation. If there is real public interest, courts certainly respond,” she said.

The event marked the unveiling of “Law, Justice, Society,” a collection of Baxi’s essays, speeches, and articles spanning six decades. The works were curated by academicians Amita Dhanda, Arun Thiruvengadam, and Kalpana Kannabiran and published by Oxford University Press.

Justice Nagarathna commended Baxi for his role in shaping legal thought, especially in human rights and constitutional law. She lauded his advocacy for Bhopal gas tragedy victims, noting, “He challenges conventional understanding of law—its intersection with society and power structure, which is most essential in today’s times.” 

Baxi, who is currently an emeritus professor of law at the University of Warwick (UK) and National Law University, Delhi, spoke about the importance of judicial independence. “Law is nothing but the convenience of the powerful. We need judges to stand up to power. Very few judges stand up for justice,” he remarked. 

He cited Justice Nagarathna’s dissenting opinion in the Supreme Court’s 2022 ruling that upheld the 2016 demonetisation decision as an example of judicial courage. “Her dissent was an eye-opener. Judges must write judgements for posterity. One line in her judgement said, ‘We must not forget to speak to the future,’” Baxi noted.

The editors of the book highlighted how Baxi’s writings analyse law’s role in governance, rights, and justice while documenting the evolving relevance of institutions. In 2011, Baxi was awarded the Padma Shri for his contributions to law.