Supreme Court Justice BV Nagarathna recently expressed concerns over the misuse of public interest litigations (PILs), suggesting they have deviated from their noble purpose to become tools for personal gain. Her remarks were made at the launch event of the four-volume series “Law, Justice, Society,” which compiles the extensive works of noted legal scholar Upendra Baxi.
Justice Nagarathna highlighted the transformation of PILs from instruments of justice for the underprivileged to what she referred to as “paisa interest litigation or publicity interest litigation.” This shift, she noted, breeds suspicion rather than serving the public good. However, she reassured that genuine cases with bona fide public interest still receive appropriate judicial attention.
The launch event also served as a platform for celebrating Upendra Baxi’s six decades of contributions to the field of law, particularly in human rights and constitutional issues. The compilation, curated by academicians Amita Dhanda, Arun Thiruvengadam, and Kalpana Kannabiran, and published by Oxford University Press, covers a range of topics from Baxi’s essays, speeches, and articles.
Justice Nagarathna praised Baxi’s advocacy, especially his support for the victims of the Bhopal gas tragedy. She reflected on his critical approach to the intersection of law with societal and power structures, emphasizing the importance of challenging conventional legal understandings in today’s dynamic world.
Baxi, now an emeritus professor at the University of Warwick and the National Law University, Delhi, spoke about the necessity of judicial independence. He pointed to Justice Nagarathna’s dissenting opinion in the controversial Supreme Court decision on demonetisation as an exemplar of judicial bravery, urging judges to consider their judgments’ long-term implications and to “speak to the future.”
The event underscored Baxi’s influential role in shaping legal thought and governance, with his writings continually stressing the evolving relevance of legal institutions in ensuring justice and rights. His significant contributions were recognized nationally in 2011 when he was awarded the Padma Shri.
