Public Interest Litigation: A Catalyst for Ensuring Good Governance
Main Article Content
Abstract
India is a Democratic and Parliamentary form of government with a legislative, executive, and judiciary as its organs. The Legislature makes the laws, the Executive implements the laws and the Judiciary interprets the laws. As per, the theory of “Separation of Power” all three organs must work within their specified area, and no one is authorized to usurp the jurisdiction of another. However, in order to restrict supremacy or absoluteness the theory of “Check and Balance” was developed. Primarily, the Judiciary works as an interpreter of the law, they are not authorized to create or make laws. In the saying of Benjamin Cardozo, ‘Judges cannot work in a watertight compartment or as a mere declarator.’ Society is progressing time and again and to meet the needs of society, the law must act as a social engineer. Judges must be involved in a judicial process and do creativity to fill the lacuna developed by the Legislature or the Executive. The Judges must not only declare the law but also create or make the law to protect our constitutional principles.