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Public Interest Litigation in India: A Critique: Professor Cum Director

This document provides an overview of public interest litigation in India. It discusses how Articles 226 and 32 of the Indian Constitution are the most important as they allow citizens to petition the high courts and Supreme Court directly on issues of public interest. It then examines definitions of key concepts like the state and person. It also outlines the organizational structures that support public interest litigation in India, including international organizations, the Indian Constitution, and local governments. The document analyzes fundamental rights, the judiciary, features of public interest litigation cases, outcomes of past cases, and the status of judicial decisions in India.

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Suraj Konuche
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54 views12 pages

Public Interest Litigation in India: A Critique: Professor Cum Director

This document provides an overview of public interest litigation in India. It discusses how Articles 226 and 32 of the Indian Constitution are the most important as they allow citizens to petition the high courts and Supreme Court directly on issues of public interest. It then examines definitions of key concepts like the state and person. It also outlines the organizational structures that support public interest litigation in India, including international organizations, the Indian Constitution, and local governments. The document analyzes fundamental rights, the judiciary, features of public interest litigation cases, outcomes of past cases, and the status of judicial decisions in India.

Uploaded by

Suraj Konuche
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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Public Interest Litigation in India: A Critique

Dr. Ramesh Professor cum Director


Centre for the Study of Social Exclusion and Inclusive Policy. University of Mysore.Mysore

Email:drramesh53@rediffmail.com

Introduction
If I was asked to name any particular article in the Indian Constitution as the most importantan Article without which the Constitution would be a nullityI could not refer to any other Article except this one.. It is the very soul the Constitution and the very heart of it, -Dr.B.R. Ambedkar This statement is made in respect of Article 226 and 32 of the Indian Constitution

Definition and importance of State

What is state?(legitimate expectation) Protection of life and property


Against the principle of might is right

Definition of Person

Biological definition(not mere animal existence) Social and Legal definition


and Protection of Sc/ST Act, 1989) (Civil rights Act, 1955,

The position of slave and slavery


Unborn child
(Prenatal Diagnostic Techniques(Regulation and Prevention of Misuse )Act, 1994

Death is not bar for maintenance of personality

Organizational set up
UNO (various conventions and agreements) Constitution of India (Articles 253&141) Parliament and State Legislature Local Self Government (73rd and 74th Amend Act)

Importance of Constitution
It

is a legal document with special sanction.


Constitution is final?

Whether

Fundamental Rights
Definition.(restrictions
These

imposed on state)

are inalienable rights can it be waived?

What

is the present situation in India?

Justice, Judiciary and PIL

Liberalization of local standi

Chairman Rly Board Vs. chadrima das 2000 cases)

(M.C.mehta &

Epistolary jurisdiction (mohanlal Sharma v. U.P (1989) telegram was treated as writ petition) Non-adversarial procedure

Suo-moto intervention (Bagalpur blinding case, 1980 reported in Anand bazar Patika) Appointment of commission

Features of PIL
Injury

to disadvantaged section to whom justice is not accessible Sufficient interest Breach of public duty Must seek enforcement of such duty

Out come of PIL


Problems

of Environment have been redressed (MC.Mehta cases)


Girl child
(LaxmiPandey case 1984)

Inhuman

batra case 1978)

treatment of inmates (Sunil

Vulnerable

section, Child labors, women problems (Sheela barse case 1986) Social exclusion

Sanctions of Judicial decision

Common law country

Article 141 of the Indian Constitution

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