Emphasising the constitutional importance of participatory governance, the Supreme Court on Wednesday underscored the need to promote consumer litigation on a large scale, declaring it an essential pillar of a healthy democracy.
A bench of Justices Abhay S Oka and M M Sundresh observed that consumer litigation functions as a form of public interest litigation, which plays a key role in nurturing an active citizenry. “Empowering consumerism is the most effective way to eliminate social inequalities,” the Court noted.
Consumerism and Constitutional Values
The bench referred to participatory democracy as a basic feature of the Constitution, asserting that the right to participate in governance is not only a constitutional guarantee but also a fundamental human right. “It is thus imperative that consumer litigation should be allowed to grow multi-fold, for a democracy to flourish,” the bench stated.
Invoking the words of Mahatma Gandhi, the Court reiterated the central role of the consumer in society: “A customer is the most important visitor on our premises… We are not doing him a favour by serving him. He is doing us a favour by giving us an opportunity to do so.”
The Court added that Gandhi’s approach elevated consumerism through the principles of truth and dharma and made it a core component of India’s freedom struggle. It referred to the Dandi March of 1930, describing it as an example where politics, economics, and social consciousness converged into a “citizen-consumer movement.”
Consumerism as a Holistic Concept
“Understanding consumerism,” the Court said, “requires rising above the distinction between public and private. Politics, economics, sociology, and environment are all vital facets of consumerism.”
The judges stressed that commodities must not be the privilege of only a certain section of society. “If a classification has been wrongly drawn, leading to the perpetration of inequality, and a consumer is deprived of what he is otherwise entitled to on extraneous grounds, the resultant malice must be accordingly dealt with,” the Court said.
It warned that denial of access to essential goods and services to the aspiring youth of the country would amount to an affront to their fundamental rights under Article 14 of the Constitution.
Plea on Consumer Protection Act Implementation
The Court’s remarks came during the hearing of a petition pointing out gaps in the implementation of the Consumer Protection Act, 1986. While the details of the specific grievances were not elaborated upon, the bench used the occasion to deliver a larger message about the role of consumer justice in democratic India.
The ruling sends a strong signal to authorities about the constitutional imperative of making consumer protection frameworks robust, accessible, and effective — a step that the Court believes is not only judicially necessary but democratically vital.
