public interest litigation in india: a critique dr. ramesh professor cum director centre for the...
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Public Interest Litigation in India: Public Interest Litigation in India: A CritiqueA Critique
Dr. RameshDr. RameshProfessor cum DirectorProfessor cum Director
Centre for the Study of Social Exclusion and Inclusive Policy.Centre for the Study of Social Exclusion and Inclusive Policy.University of Mysore.MysoreUniversity of Mysore.Mysore
IntroductionIntroduction“If I was asked to name any particular article in “If I was asked to name any particular article in
the Indian Constitution as the most important—an the Indian Constitution as the most important—an Article without which the Constitution would be a Article without which the Constitution would be a
nullity—I could not refer to any other Article nullity—I could not refer to any other Article except this one……….. It is the very soul the except this one……….. It is the very soul the
Constitution and the very heart of it,” Constitution and the very heart of it,”
-Dr.B.R. Ambedkar-Dr.B.R. Ambedkar
This statement is made in respect of Article 226 This statement is made in respect of Article 226 and 32 of the Indian Constitutionand 32 of the Indian Constitution
Definition and importance of StateDefinition and importance of State
What is state?(What is state?(legitimate expectationlegitimate expectation))
Protection of life and propertyProtection of life and property
Against the principle of might is Against the principle of might is rightright
Definition of PersonDefinition of Person
Biological definition(Biological definition(not mere animal existence)not mere animal existence)
Social and Legal definition Social and Legal definition (Civil rights Act, (Civil rights Act, 1955, and Protection of Sc/ST Act, 1989)1955, and Protection of Sc/ST Act, 1989)
The position of slave and slavery The position of slave and slavery
Unborn child Unborn child (Prenatal Diagnostic (Prenatal Diagnostic Techniques(Regulation and Prevention of Misuse )Act, Techniques(Regulation and Prevention of Misuse )Act, 19941994
Death is not bar for maintenance of Death is not bar for maintenance of personalitypersonality
Organizational set upOrganizational set up
UNO (UNO (various conventions and agreements)various conventions and agreements)
Constitution of India (Constitution of India (Articles 253&141)Articles 253&141)
Parliament and State LegislatureParliament and State Legislature
Local Self Government (Local Self Government (7373rdrd and 74 and 74thth Amend Act Amend Act))
Importance of ConstitutionImportance of Constitution
It is a legal document with It is a legal document with special sanction.special sanction.
Whether Constitution is final?Whether Constitution is final?
Fundamental RightsFundamental Rights
Definition.(Definition.(restrictions imposed on restrictions imposed on state)state)
These are inalienable rights These are inalienable rights can it be waived?can it be waived?
What is the present situation in What is the present situation in India?India?
Justice, Judiciary and PIL Justice, Judiciary and PIL Liberalization of local standi (Liberalization of local standi (M.C.mehta & M.C.mehta &
Chairman Rly Board Vs. chadrima das 2000 cases)Chairman Rly Board Vs. chadrima das 2000 cases)
Epistolary jurisdiction (mohanlal Sharma v. U.P Epistolary jurisdiction (mohanlal Sharma v. U.P (1989) telegram was treated as writ petition)(1989) telegram was treated as writ petition)
Non-adversarial procedureNon-adversarial procedure
Suo-moto intervention (Bagalpur blinding Suo-moto intervention (Bagalpur blinding case, 1980 reported in Anand bazar Patika)case, 1980 reported in Anand bazar Patika)
Appointment of commissionAppointment of commission
Features of PILFeatures of PIL
Injury to disadvantaged section Injury to disadvantaged section to whom justice is not accessibleto whom justice is not accessible
Sufficient interestSufficient interest Breach of public dutyBreach of public duty Must seek enforcement of such Must seek enforcement of such
dutyduty
Out come of PILOut come of PIL
Problems of Environment have Problems of Environment have been redressed (been redressed (MC.Mehta cases)MC.Mehta cases)
Girl child Girl child (LaxmiPandey case 1984)(LaxmiPandey case 1984)
Inhuman treatment of inmatesInhuman treatment of inmates (Sunil batra case 1978)(Sunil batra case 1978)
Vulnerable section, Child labors, Vulnerable section, Child labors, women problems (women problems (Sheela barse case 1986)Sheela barse case 1986)
Social exclusionSocial exclusion
Sanctions of Judicial decisionSanctions of Judicial decision
Common law countryCommon law country
Article 141 of the Indian Article 141 of the Indian ConstitutionConstitution
