21-Jan-2025
Suo Moto Cognizance
Indian Polity
Suo Moto Cognizance
- Definition: Suo moto jurisdiction in India is an aspect of judicial activism, where courts independently initiate proceedings to address significant public issues, particularly those related to human rights violations and environmental protection.
- Purpose
- Ensures justice for disadvantaged groups unable to approach the courts themselves.
- Critics argue it may breach the separation of powers.
- Legal Framework: There is no specific law for suo moto jurisdiction, but it is recognized under the Supreme Court Rules (2014).
- Landmark Cases
- Silent Valley Case: Initiated the Public Interest Litigation (PIL) movement in environmental issues.
- Sarin Memorial Legal Aid Foundation v. State of Punjab (2017): Addressed encroachments in Sukhna Lake's catchment area.
- Doon Valley Case: Supreme Court treated a letter as a writ petition under Article 32, leading to a mining ban in Dehradun.
Did You Know? Judicial activism: It empowers the judiciary to address public interest issues by interpreting laws proactively, often through Public Interest Litigation (PIL) and suo moto actions. It ensures justice, protects rights, and holds the government accountable, but critics argue it may overstep the separation of powers. Public Interest Litigation (PIL): PIL enables individuals or groups to seek judicial intervention in matters affecting public interest, ensuring justice for marginalized sections and addressing issues like environmental protection and human rights. While it democratizes access to justice, its misuse for personal or political motives is a concern. |