Paper Contents
Abstract
AbstractThe concept of sociological jurisprudence reflects an understanding of law as a living, social institution designed to serve the needs of people and society. Rooted in the works of Roscoe Pound and other sociological jurists, it emphasizes the role of law as an instrument of social engineering and justice rather than a mere mechanical application of rules. In India, this theoretical perspective finds its most vibrant expression through Public Interest Litigations (PILs), which have evolved as a mechanism for promoting social justice and participatory democracy. By relaxing the traditional locus standi and embracing a proactive judicial role, PILs have redefined the contours of access to justice and accountability in governance. This paper examines the theoretical foundations of sociological jurisprudence, explores the emergence and evolution of PILs in India, and evaluates their impact on Indian democracy, social policy, and institutional balance. It further compares Indian sociological jurisprudence with American Realism, analyses criticisms and risks associated with judicial activism, and proposes safeguards and recommendations for maintaining the integrity and effectiveness of PILs as tools of social transformation.________________________________________1. IntroductionLaw and society share a dynamic, interdependent relationship. Sociological jurisprudence views law not as a static command but as a living instrument aimed at fulfilling social needs and aspirations. The Indian legal system, grounded in the ideals of the Constitution, has progressively evolved toward this sociological orientation, particularly through judicial innovations like Public Interest Litigations (PILs).PILs have become a defining feature of Indian democracy, bridging the gap between law and social reality. Originating in the post-Emergency period, they emerged as an instrument for addressing structural injustices, protecting human rights, and holding the State accountable. They reflect the essence of sociological jurisprudence by translating the theoretical notion of law in action into tangible outcomes for the marginalized.This paper aims to examine the evolution, methodology, and social impact of PILs in India through the lens of sociological jurisprudence. It assesses their contribution to democratic deepening, identifies institutional challenges, and offers comparative and forward-looking insights.
Copyright
Copyright © 2025 Sheetal Rajesh Gaikwad. This is an open access article distributed under the Creative Commons Attribution License.
