Public Interest Lawyering In India Pdf 20 ~REPACK~
The chief instrument through which judicial activism has flourished in India is public interest litigation (PIL) or social action litigation (SAL). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi. Before 1980s[when?] the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases[when?] on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL.
public interest lawyering in india pdf 20
One of the earliest public interest litigation was filed by G. Vasantha Pai who filed a case in the Madras High Court against the then sitting Chief Justice of the Madras High court S. Ramachandra Iyer after it was found the judge had forged his date of birth to avoid compulsory retirement at the age of 60 and his younger brother sent invitations to celebrate his 60th birthday and Pai found evidence after photographing his original birth register which showed his real age. Ramachandra Iyer resigned on a request from the then Chief Justice of India P. B. Gajendragadkar as the case would damage the judiciary and he had resigned before the case came up for hearing this led the case to be dismissed as he had resigned.
In December 1979, Kapila Hingorani filed a petition in regards to the condition of the prisoners detained in the Bihar jail, whose suits were pending in court. The petition was signed by prisoners of the Bihar jail and the case was filed in the Supreme Court of India before the bench headed by Justice P. N. Bhagwati. The petition was filed under the name of a prisoner, Hussainara Khatoon, and the case was therefore named Hussainara Khatoon Vs State of Bihar. The Supreme Court decided that prisoners should receive free legal aid and fast hearings. As a result, 40,000 prisoners were released from jail. Thereafter many similar cases have been registered in the Supreme Court. It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term "public interest litigation" in the Indian context.
The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A[a] of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to the people and devised a means for any person of the public (or NGO) approaching the court to seek legal remedy in cases where public interest is at stake. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been heard as PILs.
PIL is a rule of law declared by the courts of record. However, the person (or entity) filing the petition must prove to the satisfaction of the court that the petition serves the public interest and is not as a frivolous lawsuit brought for monetary gain. The 38th Chief Justice of India, S. H. Kapadia, has stated that substantial "fines" would be imposed on litigants filing frivolous PILs. His statement was widely praised because the incidence of frivolous PILs for monetary interest were on the rise. A bench of the high court had also expressed concern over the misuse of PILs. The bench issued a set of guidelines it wanted all courts in the country to observe when entertaining PILs.
Public interest litigation gives a wider description to the right to equality, life and personality, which is guaranteed under part III of the Constitution of India. It also functions as an effective instrument for changes in the society or social welfare. Through public interest litigation, any public or person can seek remedy on behalf of the oppressed class by introducing a PIL.
Public interest litigation on publication of property list of princely state of rajasthan Article 12 (1) and (II) of the agreement provides that immovable properties of former princely states which were public properties of the princely state on August 15, 1947, will be transferred to the state. In this way, two lists were to be made, if there is a dispute over the property of the transferring property to a new state and the personal property of the other princely states, then the Court will not have the right of trial under Article 363 of the Constitution and the State Ministry of the Government of India (the current home). The decision will be final, the former princely states made a single list and made entire public properties their own. Bhajpa Congress governments kept silence. Public interest litigation is presented in this regard. See detail HIGHCORT site and attached writ petition. D B Civil Writ (P) 10655/15 Writ Petition was submitted regarding the cradle of the agreement reached with Sardar Vallabhbhai Patel and 563 former princely states of the country and 18 princely states of Rajasthan.
Such cases may be filed for public interest when victims lack the capability to commence litigation or their freedom to petition the court has been blocked. The court may proceed sua sponte, or cases can proceed on the petition of an individual or group. Courts may also proceed on the basis of letters written to them or newspaper reports.
Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest,
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