Public interest Litigation in Bangladesh: Tool for Justice or Judicial Populism

Abstract

Public Interest Litigation (PIL) has emerged as a significant mechanism for advancing constitutional rights, ensuring governmental accountability, and promoting social justice in Bangladesh. Through PIL, courts have addressed issues ranging from environmental protection and human rights to administrative transparency and the protection of marginalized communities. However, the expanding role of the judiciary in public affairs has also generated debate regarding the boundaries of judicial intervention. Critics argue that excessive reliance on PIL may encourage judicial activism and lead to judicial populism, where courts venture into policy-making domains traditionally reserved for elected institutions. This thesis examines the development, legal foundations, and impact of PIL in Bangladesh, assessing whether it primarily serves as a tool for justice or contributes to judicial overreach. By analyzing landmark cases, constitutional provisions, and scholarly perspectives, the study evaluates the effectiveness of PIL in strengthening the rule of law while considering concerns about democratic accountability and separation of powers. The research concludes that while PIL remains an essential instrument for protecting public interests and fundamental rights, its legitimacy depends on maintaining a careful balance between judicial intervention and institutional restraint