Navigating an Unforeseen Situation: Lessons from the Indian Higher Judiciary’s Approach to Social Action Litigation during the Pandemic

Abstract

We are aware of the impacts faced by the world during the COVID-19 pandemic, and India, one of the largest populated nations, has faced many problems in handling that situation. The first lockdown was announced by the government of India through its Ministry of Home Affairs on 24 March 2020, restraining the movement of the entire nation, followed by the curfew in different phases; the situation was very pathetic handling the overcrowding in hospitals, burial of people died due to Corona, ensuring social distancing, prisoners condition during COVID-19, etc., Finally the hope of the people turned towards the Indian judiciary. The Indian judiciary has a segment of litigation style called public interest litigation (also known as social action litigation), which is witnessed as a product of its Judicial Activism. This paper will examine two facets of the problem: firstly, during the COVID-19 pandemic, did the Indian judiciary fulfil the hopes of its people? Secondly, was  there any sign of a new phase of evolution in the approach of the Indian judiciary towards social action litigation witnessed during the COVID-19 pandemic era? Furthermore, this paper highlights how the Indian judiciary emphasises its people during a pathetic situation and helps them to overcome it. Finally, the Judiciary of India has managed to accomplish the expectations of its people at a decent level through a revolution in its approach towards social action litigation, which has been analysed in this paper.