“PIL-A FACET OF CONSTITUTIONAL LAW MAKING”

AUTHOR – BHAGYADA P. UBALE, LLM STUDENT OF DES’S SHREE NAVALMAL FIRODIA LAW COLLEGE PUNE,

BEST CITATION – BHAGYADA P. UBALE, “PIL-A FACET OF CONSTITUTIONAL LAW MAKING”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 458-463, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

     PIL is a vital tool to enforce the human rights of those  people who do not have access to them due to poverty or such other reasons. The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s.The concept of Public Interest Litigation (PIL) was introduced in India in the early 1980s.Justice V.R. Krishna Iyer and Justice P.N. Bhagwati  were the pioneers of the concept of PIL in India. The present status of PIL highlights its dual nature as a catalyst for constitutional law development and a potential source of systemic strain on the judiciary.Public Interest Litigation (PIL) is a significant facet of constitutional law-making in India. It empowers courts, under Articles 32 and 226, to address issues affecting public welfare by interpreting and expanding the scope of Fundamental Rights. Through PILs, the judiciary has shaped policies and legal norms, such as guidelines.The use of Public Interest Litigation (PIL) as a tool for constitutional law-making raises issues regarding judicial overreach and its effect on the separation of powers in India’s governance structure.Public Interest Litigation (PIL) serves as a significant tool for constitutional law-making in India, influencing legal interpretations, policy frameworks, and the balance of power between the judiciary and legislature. Establish stricter guidelines to differentiate genuine PILs from frivolous or personal interest petitions to prevent misuse.This research will contribute to understanding how PIL affects the development of constitutional principles, the rule of law, and democratic balance.

  Key Words – PIL, Facet, Constitution, Law, Human rights,Article 32,Fundamrntal rights.