The document discusses the history and development of public interest litigation (PIL) in India, including key cases such as Hussainara Khatoon v. State of Bihar in 1979 that led to the release of over 40,000 under trial prisoners. PIL has been used in issues relating to human rights, the environment, public accountability, and judicial oversight of the executive and legislative branches. The increased use of PIL has also been controversial as it has blurred the lines between the roles of the different branches of government.
PIL is one of utmost important area of Legal field. Today i prepared the short note on this. It will be helpful for all law students, and all other aspirant who are preparing for other governmental exams. In most of the government exam there is question relating to the this topic.
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
Public Interest Litigation: A Critical Reviewijtsrd
In this research paper the researcher has focused on the introduction of Public Interest Litigation in the Indian Judicial System. The innovative procedure of law has been introduced for betterment of the socially and economically deprived. Paper includes the positive impacts and negative impacts it curtails on the Indian society and explores the ways someone can use the judicial instrument for securing the rights of the deprived sections of society. The paper discusses about the writs that can be used to take the legal remedy. Also, includes certain landmark cases and judgments that show up the necessity public interest litigation has in the Indian society. The paper aims at critically analyzing the public interest litigation instrument introduced by the judicial system. The researcher also comments on the present scenario of the public interest litigation and aims to show its importance by discussing relevant case laws that made an impact on the judicial system. The conclusion part lays an overview of the research work done and tries to suggest the necessary steps to be taken or the loophole that exists, which needs to be mended. Arihant Agrawal"Public Interest Litigation: A Critical Review" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17001.pdf http://www.ijtsrd.com/management/law-and-management/17001/public-interest-litigation-a-critical-review/arihant-agrawal
This article discusses the proposal of a redevelopment of the judicial enforcement step mainly in regards of public interest litigation. That is to say whenever the judiciary has before itself the responsibility to provide an answer for the claims to the accomplishment of public policies, it must focus on ensuring the contradictory as a co-participation one. The constitutional proceedings require from the judiciary a new approach with regards to dealing with old and new litigations. As for public interest litigations it is necessary to rebuild the foundation of mainstream judicial proceeding theory so that it can go beyond the debate between liberal and socializing stances and thus enable a discoursive formation of the decision and of its enforcement. Basing on 5º paragraph of the article 461 from Brazilian Civil Procedures Code, this article argues that it should be created a procedure in the judicial enforcement step whereby the parties (and others) may settle about its form, timing and scheduling, supported by an expert mediator, who would be supposed to technically assist the parties' settlement efforts. In this way, the enforcement of public interest litigation acquires a “soft character” as it becomes more effective since it allows that its form will not come from a monocratic doer, but from the deliberation of the very ones affected by the claimed public police, and thus the enforcement has better chances to succeed.
PIL is one of utmost important area of Legal field. Today i prepared the short note on this. It will be helpful for all law students, and all other aspirant who are preparing for other governmental exams. In most of the government exam there is question relating to the this topic.
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
Public Interest Litigation: A Critical Reviewijtsrd
In this research paper the researcher has focused on the introduction of Public Interest Litigation in the Indian Judicial System. The innovative procedure of law has been introduced for betterment of the socially and economically deprived. Paper includes the positive impacts and negative impacts it curtails on the Indian society and explores the ways someone can use the judicial instrument for securing the rights of the deprived sections of society. The paper discusses about the writs that can be used to take the legal remedy. Also, includes certain landmark cases and judgments that show up the necessity public interest litigation has in the Indian society. The paper aims at critically analyzing the public interest litigation instrument introduced by the judicial system. The researcher also comments on the present scenario of the public interest litigation and aims to show its importance by discussing relevant case laws that made an impact on the judicial system. The conclusion part lays an overview of the research work done and tries to suggest the necessary steps to be taken or the loophole that exists, which needs to be mended. Arihant Agrawal"Public Interest Litigation: A Critical Review" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17001.pdf http://www.ijtsrd.com/management/law-and-management/17001/public-interest-litigation-a-critical-review/arihant-agrawal
This article discusses the proposal of a redevelopment of the judicial enforcement step mainly in regards of public interest litigation. That is to say whenever the judiciary has before itself the responsibility to provide an answer for the claims to the accomplishment of public policies, it must focus on ensuring the contradictory as a co-participation one. The constitutional proceedings require from the judiciary a new approach with regards to dealing with old and new litigations. As for public interest litigations it is necessary to rebuild the foundation of mainstream judicial proceeding theory so that it can go beyond the debate between liberal and socializing stances and thus enable a discoursive formation of the decision and of its enforcement. Basing on 5º paragraph of the article 461 from Brazilian Civil Procedures Code, this article argues that it should be created a procedure in the judicial enforcement step whereby the parties (and others) may settle about its form, timing and scheduling, supported by an expert mediator, who would be supposed to technically assist the parties' settlement efforts. In this way, the enforcement of public interest litigation acquires a “soft character” as it becomes more effective since it allows that its form will not come from a monocratic doer, but from the deliberation of the very ones affected by the claimed public police, and thus the enforcement has better chances to succeed.
The Supreme Court of India (Hindi: भारत का सर्वोच्च न्यायालय) is the highest judicial forum and final court of appeal of India established under Constitution of India, as per which Supreme Court is the highest constitutional court and acts as the guardian of Constitution. India follow the integrated and yet independent judiciary.
Since independence, judiciary has been playing a very active role in dispensing the justice since A K Gopalan vs State of Madras case(1950) followed by Shankari Prasad case, etc. However, judiciary remained submissive till 1960s but its assertiveness started in 1973 when Allahabad High Court rejected the candidature of Indira Gandhi and introduction of PIL by Justice P N Bhagwati further expanded its scope. Subodh Markandeya well known Senior Advocate of Supreme court of India is famous Judicial activist ,who is famous for his notable Public Interest Litigation cases.
Laying the Groundwork for the Rule of Law in Southern SudanWilliam Kosar
Much work needs to be done on Southern Sudan from a legislative point of view, especially if Southern Sudan votes in favour of independence in the referendum to be held in 2011
The Supreme Court of India (Hindi: भारत का सर्वोच्च न्यायालय) is the highest judicial forum and final court of appeal of India established under Constitution of India, as per which Supreme Court is the highest constitutional court and acts as the guardian of Constitution. India follow the integrated and yet independent judiciary.
Since independence, judiciary has been playing a very active role in dispensing the justice since A K Gopalan vs State of Madras case(1950) followed by Shankari Prasad case, etc. However, judiciary remained submissive till 1960s but its assertiveness started in 1973 when Allahabad High Court rejected the candidature of Indira Gandhi and introduction of PIL by Justice P N Bhagwati further expanded its scope. Subodh Markandeya well known Senior Advocate of Supreme court of India is famous Judicial activist ,who is famous for his notable Public Interest Litigation cases.
Laying the Groundwork for the Rule of Law in Southern SudanWilliam Kosar
Much work needs to be done on Southern Sudan from a legislative point of view, especially if Southern Sudan votes in favour of independence in the referendum to be held in 2011
The Environmental laws give huge importance to maintaining an ecological balance of the environment by safeguarding the forests and wildlife of the country. The main job of environmental law is to protect human health as well as the environment.
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El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
31052024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
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01062024_First India Newspaper Jaipur.pdfFIRST INDIA
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An astonishing, first-of-its-kind, report by the NYT assessing damage in Ukraine. Even if the war ends tomorrow, in many places there will be nothing to go back to.
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
1. PRESENTATION
A STUDY OF DRAFTS AND
PETITIONS IN ENGLISH IN PUBLIC
INTEREST LITIGATION
MADE AND PRESENTED BY-: Supervised By-:
INDU MEHTA Dr. Mohini Chakranarayan
M.A. (ENG. LITERATURE) (Dept. of English Literature )
II SEM. R.D.V.V.
RDVV
2. 7th largest country, 2nd
most populous (1.08 billion
people)
29 states and 6 union territories
18 official languages, 114
languages, and 900 dialects
Hindi is the national
language, while English
is commonly used for
national, political, comm
ercial, and educational
purposes
3. The proceedings of the supreme court of India and High
Courts have to be in English, under constitutional
provisions e.g.- Public interest litigation etc..
Article 348 of the constitution states that, the language to
be used in the Supreme court & High courts & for acts &
bills etc. shall be in English.
The judges are conversant in English as a universal
language In the Supreme court & all High courts.
This makes it easy in transferring a judge from one court
to another, which happens frequently.
4. The first reported case of PIL in 1979-(Hussainara
Khatoon v. State of Bihar).
Highlighting the plight of thousands of under trial
prisoners in various jails in Bihar.
The proceeding led to the release of more than
40,000 under trial prisoners.
This PIL was filed by an advocate on the basis of the
news item published in the Indian Express.
5. This is a Litigation for the protection of the public
interest.
It is a litigation introduced in the court of law, not by
the aggrieved party but by the court itself or by any
other private party.
Public interest litigation is the power given to the
public by courts through judicial activism.
6. Directions given by the supreme court to the executive &
legislature, to perform duties according to the provisions
of the constitution is called judicial activism.
Judicial activism is result of the inactiveness of the
legislature and executive.
Legislature makes laws and executive implements it.
7. Child labour/neglected children.
Environmental pollution.
Conservation of forest/protection of wild life.
Matters related to women's right.
Bonded labour.
Harassment of SC/ST/OBC.
Unauthorized constructions.
Natural and man made disasters including riots.
Scam matters and others.
8. HUMAN RIGHTS
THE JUDICIARY
ENVIRONMENT
PUBLIC ACCOUNTABILITY
ISSUES AND CONTROVERSIES
9. Judicial activism in the area of human rights has
been facilitated in considerable measures by the PIL.
This is exemplified by the courts active concern with
under trials, police excesses including arbitrary
arrest, custodial violence and extra judicial killings
and
Conditions in prisons & other custodial institutions
like children’s homes, women’s homes, and mental
asylums.
10. PLACE-
JBP,DAMOHNAKA, I
TI ROAD
CONSTRUCTION, CL
IPPING TAKEN
FROM DAINIK
BHASKAR, DATED
05/03/2011
11. PIL IN MATTERS OF-
• Fake encounter killings by police.
• Rape victims- rape committed by govt. officials.
• Harassment of working women
• Blood banks – defects in collection, storage and
supply of blood.
• Poor living conditions in care houses, asylums and
slums.
12. Article 51A (g): It shall
be the duty of every
citizen of India to
protect and improve
the natural
environment including
forests, lakes, rivers
and wild life, and to
have compassion for
living creatures
13. Under the scheme of the constitution, issues
concerning appointment and transfer of judges, their
terms & conditions of service and their removal was
initially thought to be predominantly within the
domain of the parliament & the executive.
In a series of PIL, the supreme court
has, however, articulated a dominant role for the
judiciary in this area.
14. Cultural heritage: the Taj
Mahal, 4 World Heritage
Sites and 254 monuments
within the Taj Trapezium
Zone
Life and health of the
people, particularly the
residents of Agra
Environment: animals
and plants, Yamuna
River, Holy Kunds
15. The area in which PIL has been significant is
environmental law.
It deals with closing down of polluting
industries, enforcing pollution standards for the
safety of the workers.
The precautionary principle- taking
anticipate, prevent and attack the causes of
environmental degradation.
16. Article 47: Duty of the
State to raise the level
of nutrition and the
standard of living and
to improve public
health
17. Another area of abiding public concerns which the
supreme court has dealt within PIL’s is good
governance & accountability of public officials.
The acts of misdemeanor gets exposed through what
has now been termed as ‘SCAMS’.
The courts had ensured that the persons exercising
discretion in public largess, whether it is petrol pumps
or government accommodation are accountable for
their actions.
18.
19. Policy making and implementation of policy are
conventionally regarded as the exclusive domain of
the executive and the legislature, with judiciary
enforcing the law.
PIL, however tends to narrow the gap between the
roles of the various organs of the government and
has invited controversy principally for this reason.
The court has sometimes obliterated the distinction
between law and policy.
21. Creating awareness in schools/colleges regarding
matters pertaining to PIL.
Defining the responsibilities of various public dept.
Setting limits for execution of public welfare projects
such as road construction, sewage pipelines etc.
Amendment in the Limitation Act for PIL projects.
22.
23. Building a Foundation for Public
Interest Law in India
Right to a Healthy Environment
Right to a Healthyand Absolute Liability Principle
Strict Environment
Strict and Pays Principle
Polluter Absolute Liability Principle
Polluter Pays Principle Precautionary Principle
Precautionary Principle
Principle of Intergenerational Equity
Principle of Intergenerational Equity
Public Trust Doctrine
Public Trust Damages
Exemplary Doctrine
Exemplary Damages Proof shifted to the Polluter
Onus of
Onus of Proof shifted to the Polluter