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Public Interest Litigation (PIL), pioneered through S.P. Gupta case (1981), promotes Constitutional Morality by enabling courts to address systemic violations of rights affecting marginalized groups, relaxing the rule of ______ to allow public-spirited persons to file petitions.
- stare decisis
- locus standi
- natural justice
- separation of powers
Answer: locus standi
PIL and Constitutional Morality: (a) S.P. Gupta (1981): SC relaxed locus standi (personal injury requirement), allowing any citizen/public-spirited organization to file petition for enforcement of rights of persons unable to approach court due to poverty, ignorance, or social disadvantage, (b) Constitutional Morality application: (i) Enables courts to address: prison conditions (Hussainara Khatoon), environmental degradation (MC Mehta), bonded labour (Bandhua Mukti Morcha), gender justice (Vishaka), (ii) Transforms judicial role: from dispute resolution to social justice delivery, (iii) Foundation for rights-based governance: courts guide, legislatures legislate, executive implements, (c) Safeguards: Courts developed filters to prevent frivolous PILs; focus on genuine public interest, marginalized groups, (d) Balance: Access to justice for marginalized vs preventing judicial overreach. Illustrates participatory constitutionalism: rights realization requires active citizen engagement alongside state institutions.