Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
This document discusses the philosophy of positivism. It notes that positivism focuses on laws as they are formally established by governments, rather than viewing laws as derived from natural or transcendental principles. The document outlines some of the key ideas of legal positivism, including that laws are commands from a sovereign and can be logically deduced from predetermined rules. It then discusses some of the major thinkers in the positivist legal tradition, including Jeremy Bentham and John Austin, who are considered the founders of legal positivism.
Multiple Factor Approach Theory - Mobility & Culture ConflictsBhargav Dangar
This document discusses several factors that can influence criminal behavior according to different criminological theories:
1) Criminal behavior is influenced by a combination of many social and psychological factors rather than a single cause.
2) Modernization, urbanization, and industrialization can sometimes lead to social disorganization and cultural conflicts between groups, resulting in deviant behavior.
3) The propagation of crime reports in media can encourage crime among those with unstable minds or psychopathic tendencies and cause the general public to lose faith in law enforcement.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
This document provides an overview of the judicial process in India from ancient to present times. It discusses:
1) The historical background of India's judicial system, which developed gradually over time and was influenced by the Constitution.
2) Ancient India had a well-developed system of civil and criminal law based on Dharma Shastra, Smritis, and Arthashastra texts. It included concepts like plaint, written statement, and res judicata.
3) The present Indian judicial system established by the Constitution includes the Supreme Court, High Courts, and subordinate courts. It also discusses the litigation process and role of judicial process in social ordering through maintaining rights and duties.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
This document discusses the philosophy of positivism. It notes that positivism focuses on laws as they are formally established by governments, rather than viewing laws as derived from natural or transcendental principles. The document outlines some of the key ideas of legal positivism, including that laws are commands from a sovereign and can be logically deduced from predetermined rules. It then discusses some of the major thinkers in the positivist legal tradition, including Jeremy Bentham and John Austin, who are considered the founders of legal positivism.
Multiple Factor Approach Theory - Mobility & Culture ConflictsBhargav Dangar
This document discusses several factors that can influence criminal behavior according to different criminological theories:
1) Criminal behavior is influenced by a combination of many social and psychological factors rather than a single cause.
2) Modernization, urbanization, and industrialization can sometimes lead to social disorganization and cultural conflicts between groups, resulting in deviant behavior.
3) The propagation of crime reports in media can encourage crime among those with unstable minds or psychopathic tendencies and cause the general public to lose faith in law enforcement.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
This document provides an overview of the judicial process in India from ancient to present times. It discusses:
1) The historical background of India's judicial system, which developed gradually over time and was influenced by the Constitution.
2) Ancient India had a well-developed system of civil and criminal law based on Dharma Shastra, Smritis, and Arthashastra texts. It included concepts like plaint, written statement, and res judicata.
3) The present Indian judicial system established by the Constitution includes the Supreme Court, High Courts, and subordinate courts. It also discusses the litigation process and role of judicial process in social ordering through maintaining rights and duties.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document discusses public interest litigation (PIL) in India. PIL allows individuals or organizations to file lawsuits in court to protect public interests. It aims to provide legal representation for underrepresented groups like the poor, minorities, and those advocating for environmental protection. Notable early PIL cases helped release thousands of under-trial prisoners and established the right to speedy justice. Later PIL cases addressed issues like bonded labor, worker exploitation, pollution, and sexual harassment. PIL has helped protect people's fundamental rights and forced the government to better uphold its constitutional obligations.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document provides an overview of delegated legislation in India. It defines delegated legislation as the exercise of legislative power by an agent who is lower in rank or subordinate to the legislative body. The document discusses the history and types of delegated legislation under the Indian constitution. It outlines cases that illustrate judicial control over delegated legislation and analyzes the effectiveness of parliamentary control. The document also discusses advantages and criticisms of the practice of delegated legislation in India.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
National Legal Aid Movement in India- Its Development and Present Status Sheikhmustafa007
Faculty Of Law University Of Kashmir , One Day National seminar on legal aid to marginalized: The Efficacy and Challenges, Under the auspices of project: ACESS TO JUSTICE:NE and J&K, Department of Justice, GOI, New Delhi.
PRESENTED BY
Mustafa Majid Sheikh
Research Scholar School of Education
Central University of Kashmir
This document provides a summary of 3 key points about legal aid in India:
1. The history of legal aid in India dates back to 1951 when the Supreme Court stated that denying access to justice due to poverty negates a fair trial. Article 39A of the Constitution obligates the State to provide free legal aid.
2. The Legal Services Authorities Act of 1987 was passed to fulfill the constitutional mandate of providing free legal aid. It defines those eligible for free legal aid as members of scheduled castes/tribes, women, children, disabled people, victims of disasters or violence, industrial workers, those in custody or with an income less than 50,000 rupees.
3. The Supreme
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
Judicial activism in India ( Brief Notes )sandhyakrish2
1. Judicial activism in India refers to the judiciary taking an active role in upholding constitutional rights and reviewing laws to ensure they are beneficial to citizens.
2. It empowers courts to strike down laws that infringe on fundamental rights or contradict constitutional values.
3. Public interest litigation introduced in the 1970s expanded judicial activism by allowing citizens to file petitions on public issues. This led to important rulings on environmental protection, human rights, and more.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
This document discusses Article 16 of the Indian Constitution regarding equality of opportunity in public employment. It covers the following key points:
- Article 16(1) provides for equality of opportunity for all citizens in matters relating to public employment. Article 16(2) prohibits discrimination in public employment based on religion, race, caste, sex etc.
- Article 16(4) allows the state to make provisions for reservation of appointments in favor of any backward class of citizens which is not adequately represented in public services. This is aimed at affirmative action or positive discrimination.
- The landmark Supreme Court judgment in Indra Sawhney v. Union of India addressed issues like defining "backward class", determining adequate representation, setting
The document discusses various aspects of Fundamental Rights as outlined in Part III of the Indian Constitution. It provides an overview of the key rights such as Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-31), and Right to Constitutional Remedies (Articles 32-35). It also discusses the salient features, exceptions, and interpretations of these fundamental rights by the Supreme Court of India.
This document discusses the rights of minority institutions under the Indian Constitution. It defines minority as a religious or linguistic group that is less than 50% of the state or national population. The Constitution protects the rights of minorities under Articles 29 and 30. Article 30 gives linguistic and religious minorities the right to establish and administer their own educational institutions. Several important Supreme Court cases have further defined and protected these rights. These include the rights to choose a governing body and staff, admit students of their own community, and have reasonable fee structures without being subject to reservation policies. The overall intent is to allow minorities to establish institutions that allow their children to receive the best general education.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1. It provides an overview of the history and territorial extent of the CrPC, which was enacted in 1973 and replaced prior criminal procedure codes from the British era.
2. It outlines the different classes of criminal courts established under the CrPC, including Courts of Session, Judicial Magistrates, and Metropolitan Magistrates. Territories are divided into sessions divisions, districts, and sub-divisions.
3. Courts of Session preside over sessions divisions and are headed by Sessions Judges appointed by High Courts. Additional and Assistant Sessions Judges can also be appointed to aid the Sessions Judge.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
public interest litigation 211047.docxSamrudhJain3
This is my research work related to public interest litigation. The information in this work are collected from various sources both from internet and books.
This document provides an overview of public interest litigation (PIL) and the Right to Information (RTI) Act 2005 in India. It defines PIL as litigation introduced in a court of law for the protection of public interest. The objectives of PIL are to alleviate suffering, obtain justice for people, and give common people access to courts. The RTI Act aims to enhance democratic process and good governance through the right to access information from public authorities. Key aspects of both PIL and RTI covered include who can file, procedures, exclusions, penalties, and relevant constitutional provisions.
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
This document defines key terms related to fundamental rights under the Constitution of India. Article 12 defines "state" broadly to include the government of India, state governments, and local or other authorities. Local authorities refer to units of local self-government like municipal committees. Other authorities have not been defined but courts have interpreted them to include bodies established by statute that perform public functions or are subject to government control. Private entities may also be considered state authorities if they are deeply controlled by the government or perform important public functions.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document discusses public interest litigation (PIL) in India. PIL allows individuals or organizations to file lawsuits in court to protect public interests. It aims to provide legal representation for underrepresented groups like the poor, minorities, and those advocating for environmental protection. Notable early PIL cases helped release thousands of under-trial prisoners and established the right to speedy justice. Later PIL cases addressed issues like bonded labor, worker exploitation, pollution, and sexual harassment. PIL has helped protect people's fundamental rights and forced the government to better uphold its constitutional obligations.
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
This document provides an overview of delegated legislation in India. It defines delegated legislation as the exercise of legislative power by an agent who is lower in rank or subordinate to the legislative body. The document discusses the history and types of delegated legislation under the Indian constitution. It outlines cases that illustrate judicial control over delegated legislation and analyzes the effectiveness of parliamentary control. The document also discusses advantages and criticisms of the practice of delegated legislation in India.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
This document provides information about various writs that can be issued by Supreme Court and High Courts in India under Articles 32 and 226 of the Indian Constitution for enforcement of fundamental rights. It discusses the writs of Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto. For each writ, it provides a brief definition and explains the purpose and function of the writ. The document aims to explain the key judicial tools and techniques used by courts in India for constitutional adjudication and protection of fundamental rights.
National Legal Aid Movement in India- Its Development and Present Status Sheikhmustafa007
Faculty Of Law University Of Kashmir , One Day National seminar on legal aid to marginalized: The Efficacy and Challenges, Under the auspices of project: ACESS TO JUSTICE:NE and J&K, Department of Justice, GOI, New Delhi.
PRESENTED BY
Mustafa Majid Sheikh
Research Scholar School of Education
Central University of Kashmir
This document provides a summary of 3 key points about legal aid in India:
1. The history of legal aid in India dates back to 1951 when the Supreme Court stated that denying access to justice due to poverty negates a fair trial. Article 39A of the Constitution obligates the State to provide free legal aid.
2. The Legal Services Authorities Act of 1987 was passed to fulfill the constitutional mandate of providing free legal aid. It defines those eligible for free legal aid as members of scheduled castes/tribes, women, children, disabled people, victims of disasters or violence, industrial workers, those in custody or with an income less than 50,000 rupees.
3. The Supreme
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
Judicial activism in India ( Brief Notes )sandhyakrish2
1. Judicial activism in India refers to the judiciary taking an active role in upholding constitutional rights and reviewing laws to ensure they are beneficial to citizens.
2. It empowers courts to strike down laws that infringe on fundamental rights or contradict constitutional values.
3. Public interest litigation introduced in the 1970s expanded judicial activism by allowing citizens to file petitions on public issues. This led to important rulings on environmental protection, human rights, and more.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
This document discusses Article 16 of the Indian Constitution regarding equality of opportunity in public employment. It covers the following key points:
- Article 16(1) provides for equality of opportunity for all citizens in matters relating to public employment. Article 16(2) prohibits discrimination in public employment based on religion, race, caste, sex etc.
- Article 16(4) allows the state to make provisions for reservation of appointments in favor of any backward class of citizens which is not adequately represented in public services. This is aimed at affirmative action or positive discrimination.
- The landmark Supreme Court judgment in Indra Sawhney v. Union of India addressed issues like defining "backward class", determining adequate representation, setting
The document discusses various aspects of Fundamental Rights as outlined in Part III of the Indian Constitution. It provides an overview of the key rights such as Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-31), and Right to Constitutional Remedies (Articles 32-35). It also discusses the salient features, exceptions, and interpretations of these fundamental rights by the Supreme Court of India.
This document discusses the rights of minority institutions under the Indian Constitution. It defines minority as a religious or linguistic group that is less than 50% of the state or national population. The Constitution protects the rights of minorities under Articles 29 and 30. Article 30 gives linguistic and religious minorities the right to establish and administer their own educational institutions. Several important Supreme Court cases have further defined and protected these rights. These include the rights to choose a governing body and staff, admit students of their own community, and have reasonable fee structures without being subject to reservation policies. The overall intent is to allow minorities to establish institutions that allow their children to receive the best general education.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1. It provides an overview of the history and territorial extent of the CrPC, which was enacted in 1973 and replaced prior criminal procedure codes from the British era.
2. It outlines the different classes of criminal courts established under the CrPC, including Courts of Session, Judicial Magistrates, and Metropolitan Magistrates. Territories are divided into sessions divisions, districts, and sub-divisions.
3. Courts of Session preside over sessions divisions and are headed by Sessions Judges appointed by High Courts. Additional and Assistant Sessions Judges can also be appointed to aid the Sessions Judge.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
public interest litigation 211047.docxSamrudhJain3
This is my research work related to public interest litigation. The information in this work are collected from various sources both from internet and books.
This document provides an overview of public interest litigation (PIL) and the Right to Information (RTI) Act 2005 in India. It defines PIL as litigation introduced in a court of law for the protection of public interest. The objectives of PIL are to alleviate suffering, obtain justice for people, and give common people access to courts. The RTI Act aims to enhance democratic process and good governance through the right to access information from public authorities. Key aspects of both PIL and RTI covered include who can file, procedures, exclusions, penalties, and relevant constitutional provisions.
The document summarizes key Supreme Court of India cases that have expanded economic and social rights in India through public interest litigation and a broad interpretation of the right to life in the Indian Constitution.
1) Early cases like Francis Coralie Mullin expanded the right to life to include basic necessities like food, shelter, clothing, and facilities for education.
2) S.P. Gupta broadened locus standi, allowing public spirited citizens to file PILs on behalf of disadvantaged groups unable to access the courts.
3) Bandhua Mukti Morcha approved appointing commissions to gather evidence on behalf of poor litigants, relaxing strict adversarial procedures that disadvantage the poor.
Judicial Review with a reference of Judicial Activism. Sanjana Bharadwaj
This PPT will give you a breif idea on what is Judicial Review, how did it origionate in India with a reference of Judicial Activism and PIL along with examples and case laws.
This document provides an outline and expected outcomes of a lecture on public interest litigation (PIL) in Sri Lanka. It begins by explaining the rationale behind PIL, which is to use litigation to advance the interests of disadvantaged groups or raise issues of broad public concern. It then discusses the history and evolution of PIL, including the relaxation of strict standing requirements in several jurisdictions. The document outlines some criticisms of PIL, such as opening floodgates of litigation and disturbing the constitutional balance of power. It also explains how concepts of administrative law and PIL developed in Sri Lanka within the common law framework. Several cases that expanded standing and addressed environmental issues through writ applications and constitutional challenges are summarized. The expected outcomes of the lecture are to help understand the conceptual
This case involved a public interest litigation filed by M.C Mehta regarding pollution caused by a chemical factory. The factory was releasing toxic gases without proper safeguards, endangering public health. The Supreme Court found that the factory was violating various environmental laws and regulations. It ordered the factory to pay compensation to those affected by the pollution and to properly handle hazardous waste in accordance with the law to prevent future violations. The case strengthened environmental protection by establishing the polluter pays principle and setting precedents to curb industrial pollution for the benefit of public health.
Access to justice and dispute settlement mechanismProColombia
This document discusses access to justice and dispute resolution mechanisms in Colombia. It covers the following key points:
1) Colombia guarantees due process and access to justice through its constitution. Citizens can directly petition authorities and use alternative dispute resolution mechanisms or bring disputes to court.
2) Alternative dispute resolution mechanisms include self-settlement options like conciliation and mediation, as well as third-party options like arbitration.
3) For disputes with administrative authorities, citizens can file ordinary remedies like reconsideration petitions and appeals, or actions like direct repeal. If those options don't resolve the dispute, it can then be brought before the courts.
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1. The document discusses the concept of "suo moto" rule in Bangladesh, which allows judges to initiate legal proceedings on their own motion to protect fundamental rights and ensure justice for disadvantaged groups.
2. Key points made include that suo moto rule allows for rapid resolution of cases, creates accountability for public institutions, deters illegal behavior by powerful actors, and provides access to justice for vulnerable populations.
3. Examples of suo moto in Bangladesh include cases protecting children from unjust imprisonment and responding to media reports about rights violations. While an important tool, suo moto also has limitations such as judges initiating cases based on unverified information.
Public interest litigation (PIL) in India allows litigation to be introduced in a court by a private party or the court itself, without the aggrieved party needing to directly approach the court. PIL gives the public power through courts' judicial activism to address issues like human rights violations faced by those without resources. It has led to positive outcomes like releasing thousands of under-trial prisoners and addressing police brutality and custodial torture. However, PILs have also been subject to misuse, with some using it as a tool for harassment rather than protecting genuine public interests.
This document outlines the advantages and disadvantages of an impartial judiciary in traditional and western Nigerian societies. It discusses key concepts like judicial independence and impartiality. The pros of an impartial judiciary include the concept of separation of powers, while the cons include issues like case backlogs, corruption, difficulties for common people to access courts, and a lack of effective cooperation with society. In conclusion, the document states that building a more just justice system is important, and that all stakeholders must work consistently to achieve full judicial independence.
Public Interest Litigation: A Critical Reviewijtsrd
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The Chief Justice heard arguments from the State regarding a public interest litigation concerning banners placed in Lucknow with personal details of over 50 individuals accused of vandalism.
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1. SOCIAL ACTION LITIGATION
AGAINST CHILD ABUSE
A presentation by
Maj Gen Nilendra Kumar
An effort for
Bachpan Bachao Andolan
and
Lex Consilium Foundation
3. NEED FOR INTERVENTION
A judicial intervention may be
sought when-
a) There is no policy, or
b) The policy existing is not being adhered to,
or
c) There are gaps, infirmities or flaws in the
policy.
4. INTERVENTION
A procedure used in lawsuit by which a court
allows a third person who was not originally
a party to the suit to become a party, by
joining with either the plaintiff or the
defendant.
5. POLICY FORMULATION
The act of creating laws or setting
standards for a government. It is
also directing the course of action to
be pursued by a government.
6. CONSTITUTIONAL COURTS
A constitutional court is a high court or supreme
court that deals primarily with constitutional
law. In this context the court is called upon to
rule whether laws that are challenged are in fact
constitutional i.e. whether they conform to the
constitutionally established rights and
freedoms.
7. In the context of a law suit filed or defended,
by an individual acting on behalf of a group,
is an effort to seek a judgement from a
constitutional court on public interest
litigation initiated.
8. UNDER AMERICAN LAW
A class action is a civil court procedure under
which one party, or a group of parties, may sue
as representatives of a larger class. To proceed,
the court must permit the class action. If the
class action is certified, members of the class
must be given notice and the opportunity to
exclude themselves from the proceeding. The
class members who opt out are not bound by
the judgement in the case.
9. JUDICIAL INTERVENTION
The involvement by the courts in matters
that concern citizens in order to expedite
justice. This intervention as an approach is
criticized on the ground that a judicial
system should not get involved in matter of
law making.
10. PUBLIC INTEREST LITIGATION
Is the litigation for protection of public interest.
A PIL may be initiated in a court of law by the
aggrieved party, by another party or by the
court itself( suo moto).
PIL is a tool by which a court of law can
initiate and enforce action to serve and secure
significant public interest.
11. Social action litigation as an instrument
for securing socio-economic justice for
the under privileged has been one of the
outstanding development in the
contemporary legal world.
12. CONCEPT OF EXTENDED
JUSTICEABILITY
The PIL, raising the question of governance,
moves the court to compel the government
to do its duty or to prevent the government
from doing what it was legally forbidden to
do.
13. PIL or social action litigation(SAL) began in
Supreme Court of India, initially before a bench
of two reform minded judges. They adopted
new approach to grant reliefs to persons for
whom Judicial help had been beyond reach on
issues affecting their security, livelihood , liberty
and dignity. The concept of PIL is in consonance
with the principles enshrined in Article 39A of
the Constitution of India to protect and deliver
prompt social justice through courts of law.
14. ARTICLE 39A
EQUAL JUSTICE AND FREE LEGAL
AID
The State shall secure that the operation of
legal system promotes justice, on the basis of
equal opportunity, and shall in particular,
provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that
opportunities for securing justice are not denied
to any citizen by reason of economic or other
disabilities.
15. As a new brand of litigation, public interest
litigation, is not meant to be adversial in nature.
It is intended to vindicate public interest where
fundamentals and other rights of people who
are poor, ignorant or are in a socially or
economically disadvantageous position, go un-
redressed. PIL is meant to be a co-operative &
collaborative effort of the parties and the court
to secure justice for the poor and the weaker
sections.
16. ELEMENTS OF SOCIAL ACTION LITIGATION
Key procedural elements of SAL are as under-
1. Epistolary jurisdiction. The access to justice or judicial
redress may be sought without a lawyer or even the filing
of formal papers. The supreme court or high court can
convert a letter from a member of public into a writ
petition.
2. Locus standi or widened roles of standing. Any member
of public or social action group acting bonafide may
approach the court on behalf of an individual or class,
unable to do so on its own.
3. Sociological commissions of Inquiry. The supreme court
started appointing social activist, researchers, journalists as
court commissioners.
4. New remedies and monitoring. A wide variety of remedial
orders were issued and a monitoring agency created.
17. PIL beneficiaries include those effected by
prison conditions and pre-trial detention rights,
bonded labourers, pavement dwellers, rickshaw
pullers, construction workers, adivasis and
dalits, and of course those victims of child abuse
or neglect.
18. ACCESS TO JUSTICE
Access to justice is viewed as a right vested with
every citizen and is a necessary compliment of
administration of justice. Citizens can approach
courts for resolution of disputes seeking
appropriate remedies for the wrongs, injuries or
damages suffered by them.
Further, they can move the Supreme Court for
enforcement of the rights guaranteed under the
Constitution or any enacted law. The High
Courts can be moved for enforcement of both
constitutional and other rights.
19. EXTENSIVE USE OF INTERIM ORDERS
The courts are operating on interim orders, so
that even when there is no time to complete a
case, steps can be taken to control state action.
The use of interim orders is a key to success of
social interest litigation. Such a practice by the
courts allows them to cope with delays. Huge
backlogs are used by the judiciary to exercise
discretion to pick and choose from among
those demanding a hearing to jump the queue
to pay attention to cases of social justice.
21. LETTER PETITIONS
Sunil Batra (ii)V DelhiAdministration;
(1980) 3 SCC 488.
Bench : JusticesVR Krishna Iyer, R.S. Pathak, and O Chinappa
Reddy.
Decided on 20th December, 1979.
FACTS OFTHE CASE
Sunil Batra, a prisoner inTihar Jail, Delhi, wrote a letter to a
Supreme Court judge complaining about the brutal behaviour
of a JailWarden as a means to extract money from the victim
through visiting relations.
The court initiated proceedings in the nature of habeas
corpus.
22. JUDGMENT
Petitions by way of letters addressed to
the court outlining the issues of concern
are treated as sufficient or acceptable to
the initiation of the adjudicatory
process.
23. RE-LOOK AT CONCEPT OF
LOCUS
Where a person or a class of persons to whom
legal injury is caused by reason of violation of a
fundamental right is unable to approach the
court for judicial redress on account of poverty
or disability or socially or economically
disadvantaged position, any member of the
public, acting bonafide, may move the court for
relief under Article 32.
25. POWER TO DISREGARD
PROCEDURAL TECHNICALITIES
It would not be right or fair to expect a person
acting ‘pro bono publico’ to incur expenses out of
his own pocket for going to a lawyer and
preparing a regular writ petition for being filed in
court for enforcement of the fundamental rights
of the poor and deprived sections of the
community, and on such a case, a letter
addressed by him can legitimately be regarded
as an “appropriate proceeding”.
26. This is however subject to the
modicum of administrative rules of the
court, providing for verification of
fitness of the cause, the scope and
availability of other reliefs, the
bonafide of the person addressing
such letters etc. There is a good
reason for the insistence that such
letter petitions should be decided after
proper scrutiny.
27. People’s Union for Democratic Rights V.
Union of India,
(1982) 3 SCC 235.
18 Sep 1982
Bench : Justices PN Bhagwati and Baharul Islam
FACTS OF THE CASE
The matter related to observance of various
labour laws in relation to workmen employed in
the construction of Asian Games projects.
Children below the age of 14 were said to be
employed in construction work.
28. HELD
1. Public Interest Litigation is a strategic arm of
the legal aid movement intended to bring
justice within the reach of the poor masses.
2. The poor too have civil and political rights and
the rule of law is meant for them too.
29. 3. Any member of public acting bonafide and
not out of any extraneous motivation may
move the court for judicial redress of the
legal injury or wrong suffered by persons in
disadvantaged position.
4. Construction work is a hazardous
occupation and employment of children
below 14 years must be prohibited in every
type of construction work.
30. 5. State to take necessary steps for interdicting
violation of fundamental rights covered by
Articles 17 or 23 or 24 enforceable against
private individuals.
31. MANDAMUS
A writ issued by a court to compel the
performance of a particular act by a lower
court or a government officer or body, usually
to correct a prior action or failure to act.
32. Vineet Narayan V. Union of
India,
(1998) SCC 226.
Where the CBI and other governmental
agencies failed to carry out their public duty
to investigate the offences, instead of
hearing the matter through, a writ of
mandamus was issued to the authorities
keeping the matter pending while
investigations were being carried out on
subject to monitoring and issuing of orders by
the court.
33. Monitoring was intended for the proper progress
of the investigation without directing or
channelling the investigation or in any other
manner prejudicing the right of those who might
be accused, to a full and fair trial. This was done
to eliminate any impression of bias or lack of
fairness or objectivity and to maintain the
credibility of the investigation. The continuing
inertia of the agency to even commence a proper
investigation could not be tolerated any longer.
34. DOCTRINE OF CONTINUING
MANDAMUS
It is a writ of mandamus issued to a
lower authority by the higher authority in
general public interest asking the officer
or authority to perform its task
expeditiously for an unstipulated period
of time for preventing miscarriage of
justice.
36. BANDHUA MUKTI MORCHA V. UOI,
AIR 1984 SC 802.
BENCH : JUSTICES PN BHAGWATI , RS PATHAK AND
AMARENDRA NATH SEN
The court took a recourse to continuing
mandamus to monitor proper
investigation into the complaints of
major illegalities.
37. FACTS OF THE CASE
Bonded labour is rampant in brick kilns, stone
quarries, crushing mines, beedi manufacturing,
carpet weaving, construction industries, agriculture,
power looms, fish processing, unorganised and
other informal sectors.
38. The court in these cases did not
concern themselves with the
accusations on a meritorious basis but
only by the due performance of the
duties and obligations on the part of the
government agencies to fairly, fully and
properly investigate into every such
accusation against every person and to
take a logical final action in accordance
with the law.
39. SPACE TO SOCIAL ACTION GROUPS
Neerja Chaudhary V. State of MP;
AIR (1984) 3 SCC 243.
Bench: Justices PN Bhagwati and AN Sen.
Decided on 8th May, 1984.
FACTS OF THE CASE
The Civil Rights Correspondent of “Statesman”, a leading
newspaper, wrote a letter to one of the judges of the
Supreme Court highlighting the matter of rehabilitation of
135 freed bonded labourers who had been released from
bondage. They were living almost on the verge of starvation
40. Held, It is through social action group working
amongst the poor that we shall be able to
discover the existence of bonded labour and we
shall be able to identify and release them. There
are, fortunately, in our country a large number of
such dedicated social action groups – young
men and women inspired by idealism and moved
by a passionate and burning zeal to help their
fellow beings – whose services can be utilized
for identification, release and rehabilitation of
bonded labourers.
41. We would strongly urge upon the State
Government to include the representatives of such
social action groups in the vigilance committees
and to give them full support and cooperation.
These social action groups may appear to be
unorthodox and unconventional and their actions
may be marked by a sense of militancy, but they
alone will be able to deliver the goods and it is
high time that the State Governments should start
taking their assistance instead of looking down
upon them and distrusting them.
42. SOCIAL ACTION GROUP
The activity when people come together to
solve a problem in their community rather
than ask the government to do it for them.
43. RIGHTS OF CHILD
The right to free and compulsory education for
children below the age of 14 is guaranteed. Public
interest protecting the rights of the child has an
Article 21 dimension. Exploitation by way of child
labour, trafficking, impairment of adoption rights,
enforcing legislations, dealing with age of marriage
are issues dealt with by domestic and international
law.
- J P Unnikrishnan V State of AP; AIR 1993 SC 2178; MC
Mehta V State of TN, AIR 1997 SC 699; M C Mehta V State
of TN; (1996)6 SCC 756, Bandhua Mukti Morcha V UOI;
1986 (Supp) SCC 553.
44. Pratap Singh V. State of Jharkhand,
(2005) 3 SCC 551.
Bench : Justices N Santosh Hegde, SN Variava, BP Singh, HK Sema and
HB Sinha.
Decided on 2nd February, 2005.
FACTS OF THE CASE
The appellant was alleged to be one of the conspirators to
have caused the death of the deceased by poisoning. He was
subsequently arrested. A petition was filed on his behalf before
the CJM claiming that he was a minor on the date of
occurrence.
45. Held, it is the age of the child on the date of
the commission of an offence that
determines the applicability of the Act and not
the date when he is produced before the
competent authority or court.
46. The whole object of the Juvenile Justice Act is
to provide for the care, protection,
treatment, development and rehabilitation of
neglected or delinquent juveniles. The Act
being a benevolent legislation, an
interpretation must be given which would
advance the cause of the legislation, i.e. to
give benefit to the juveniles.
47. PUCL V. State of Tamil Nadu,
(2013) 1 SCC 585
Justices K S Radhakrishnan and Dipak Misra
Decision dated 15 Oct 2012
48. FACTS OF THE CASE
1. The PIL reported telltale miseries of
bonded labourers and their exploitation in
India.
2. The Supreme Court issued interim
orders on 13 May, 1994 for
identification of such bonded labourers, to
initiate criminal proceedings against their
employers, to extinguish their debts/
liabilities and provision for their suitable
rehabilitation etc.
49. 3. NHRC was entrusted to monitor and oversee
the directions.
4. An expert group of NHRC submitted its ‘Action
Taken Report’ on 6 June, 2001.
5. Supreme Court vide its orders dated 5 May,
2004, issued further directions to all the States
and Union Territories to submit status reports
to NHRC every six months.
6. NHRC submitted yet another report on 10 Aug,
2009, and a revised report on 3 Sep, 2011, to
show an unsatisfactory state at ground level.
50. Held,
1. Fresh surveys to be conducted periodically
once in every three years.
2. Proper education to children to be ensured.
51. BACHPAN BACHAO ANDOLAN V
UOI,
(2014)16 SCC 616,
Decision dated 10 May 2013
Bench : Justices Altamas Kabir , Vikramjit Sen and SA
Bobde
FACTS OF THE CASE
The matter related to the existing state about
handling of complaints regarding missing children
by the concerned police stations.
52. Held ,
1. In case of every missing child reported there
will be an initial presumption of either
abduction or trafficking, unless in the
investigation, the same is proved otherwise.
Accordingly, when ever any complaint is filed
before the police authorities regarding a
missing child the same must be entertained
under Section 154 Cr.PC.
2. Each police station should have, at least one
police officer, especially instructed and trained
and designated as a Juvenile Welfare officer
in terms of Sec 63 of the Juvenile Justice Act.
53. 3. Para legal volunteers, who have been
recruited by the Legal Services Authorities,
should be utilized so that there is at least one
paralegal volunteer, in shifts, in the police
station to keep a watch over the manner in
which the complaints regarding missing
children and other offences against children
are dealt with.
54. 4. A computerized programme, which would
create a net work between the Central
Child Protection Unit or the Head of the
Organization and State Child Protection
Units, District Child Protection Units, all
specialized Juvenile Police Units, all
Police Station, all Juvenile Justice Boards
and all Child Welfare Committees. The
said suggestion should be seriously taken
up and explored by the National Legal
Services Authority with the Ministry of
Women and Child Development. Once
introduced, the website link should also be
made known to the public at large
55. 5. Every found / recovered child must be
immediately photographed by the police for
purpose of advertisement and to make
people aware of the missing child.
Photographs of the recovered child should
be published on the website and through the
newspapers and even on the TV so that the
parents of the missing child could locate their
missing child and recover him or her from
the custody of the police.
56. PARAG BHATI V. STATE OF UP
(2016) 12 SCC 755
BENCH : Justices AK SIKRI and RK AGRAWAL
FACTS OF THE CASE
The appellant was arrested on a charge of murder.
He was produced before the juvenile court. His
father filed an application indicating his date of birth
and produced various school certificates, the
juvenile was referred to the medical board for
determination of age. The issue was whether
ossification can be the last resort to prove the
juvenility of the accused.
57. When an accused commits a grave and
heinous offence and thereafter attempts to take
statutory shelter under the guise of being a
minor, a casual or cavalier approach while
recording as to whether an accused is a
juvenile or not, cannot be permitted as the
courts are enjoined upon to perform their duties
with the object of protecting the confidence of
the common man in the institution entrusted
with the administration of justice.
58. COMMENTS
The experience of last 30 years have led
some jurists to remark that there are not
too many cases in which investigating
agencies, in a case involving continuing
mandamus, have ended investigation in
favor of the accused.
59. The golden rule which most investigating
agencies follow is that if a court is
conducting a continuing mandamus, it is
easier to file a charge sheet and let the
court decide whether evidence exists or not.
60. KhushbooJain V.MinistryofRailways,
DelhiHighCourt,
WPCivilNo.5365 of 2012
Decisiondated13Feb2013
Bench : Justices D Murgesan & VK Jain
FACTS OF THE CASE
Dealt with the plight of children who arrive and
stay at railway stations.
There were destitute children rescued at
railway stations by security personnel of RPF,
GRP and railway staff.
61. Held,
1. any such security personnel can
produce any child arriving and staying
at a railway station before the Child
Welfare Committee within 24 hours of
his being found. Till his so production
he will remain in the safe custody of the
Security Personnel/ Station Master.
62. 2. Station Master to provide separate
space for male and female
children. They are to be given
adequate care and attention
including meals.
63. 3. If the committee is not
sitting, produce the children
before a single member.
4. Wide publicity to be given of
this information in leading
newspapers and on website.
64. ICPS
The Integrated Child Protection Scheme
(ICPS) is a government programme
implemented by the Government of
India to help secure the safety of
children, with a special emphasis on
children in need of care and protection,
juveniles in conflict with the law and
other vulnerable children.
65. Its primary purpose is to create
a central structure to provide
oversight and standardization
for pre-existing and evolving
child protection schemes in
India.
66. AMERICAN STANCE
ADMINISIBILITY OF INDIRECT TESTIMONY OF A
CHILD
In the case of a 3 1/2 year old Ohio boy, whose
wounds were visible to his teachers at the day care
centre, upon questioning, it was found that the
mother’s boyfriend was to blame.
US Supreme Court ruled that the teacher’s reports of
child abuse based on conversation with young children
can be admitted as testimony despite a defendants
effort to assert his constitutional right.
The accused was awarded 28 year prison sentence.
67. QUOTE
“Unbridled discretion, however benevolently
motivated is frequently a poor substitute to
principle and procedure.”
-Gault, In re
387 US 1 (1967)