A STUDY OF JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION IN INDIA

Authors

Keywords:

Judicial Activism, Public Interest Litigation, PIL

Abstract

In today’s context judicial activism is playing very vital and important role to protect and preserve the Fundamental Rights, Human Rights and Other Rights. It is one of the main instruments as the most effective remedy of the Hon’ble apex Court and High Courts of states. Hon’ble Supreme Court under article 32 and High Courts under article 226 of Constitution of India having the most effective power to issue orders, directions or writs including Habeas Corpus, Mandamus, Prohibition, Quao Warranto and Certiorari whichever may be appropriate for the enforcement of Fundamental Rights, Human Rights, Legal Rights and Other Rights also on filing petitions or movements or the Court also take cognizance by suomoto, hence the Court plays the most important role as a watchful sentinel. Judiciary is independent and independent judiciary is one of the contents of basic structure of Constitution of India which cannot be destroyed, amending by parliament of India under article 368 therefore this research paper has been focused on the Judicial Activism and Public Interest Litigation in India which is helpful for research scholars, students, Professors, teachers, institutions or organizations or establishments, commissions, governments, NGOs, trusts, Colleges, Universities, person individually or group, society and other required persons relating to conduct research and do the needful as per requirements, time & circumstances.

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Author Biographies

Raj kumar Verma, Research Scholar (Law), Jiwaji University, Gwalior, Guest Faculty in Law, Govt. M.J.S. College, Bhind, Madhya Pradesh, India.

Research Scholar (Law),
Jiwaji University, Gwalior,
Guest Faculty in Law, Govt. M.J.S. College, Bhind, Madhya Pradesh,
India.

Ramesh Kumar, Research Scholar, Jiwaji University, Gwalior, Madhya Pradesh, India.

Research Scholar,

Jiwaji University, Gwalior,

Madhya Pradesh, India.

References

G. Mukhoty, ‘Public Interest Litigation; A silent Revolution, ISSC Journal 1 (1985).

The epistolary jurisdiction where PIL can be initiated by a mere letter. The Court liberalized rules of standing.

Banwari Sewa Ashram v. State of U.P., (1986) 4 SCC 753.

M.C. Mehta v. Union of India, (1986) 2 SCC 176; Sachidanand Pandey v. State of West Bengal, (1987) 2 SCC, 295; M.C.

Mehta v. Union of India, (1987) 4 SCC 46; Chhetria Pradushan Mukti Sangrash v. State of Kerela, AIR 1990 SC 273 &

S.P. Gupta v. Union of India, AIR 1982 SC 149.

R.S. Nayak v. A.R. Antulay, AIR 1981 Born 422; News Item The Tribune Nov. 9, 1996 `Sheela Kaul told to pay 60 lakh.

Ajay Gulati & Dr. Jasmeet Gulati: Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications

Allahabad: Edition 2013, Page 36.

Article 21 of the Constitution of India, 'No person shall be deprived of his life or personal liberty, except by procedure

established by law.

AIR 1981 SC 746 at p. 753 and See also Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.

Khatri v. State of Bihar, AIR 1981 SC 928.

Re, Dr. P.N. Thampy There, AIR 1984 SC 74.

AIR 1993 SC 1960.

Ajay Gulati & Dr. Jasmeet Gulati: Public Interest Lawyering, Legal Aid and Para-Legal Services: Central Law Publications Allahabad: Edition 2013, Page 37.

Upendra Baxi, Judicial Discourse; Dialects of the Face and the Mask 35 JILI (1993) 1 at p. 8.

The Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (Act No. 21 of 1985).

Peoples’ Union for Civil Liberties v. Union of India, AIR 1982 SC 1473.

Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802. See also Ranjangain v. Secy. District Beed Works Union, (1992) 1 SCC 221.

AIR 1984 SC 1099.

AIR 1985 SC 652.

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Published

30-04-2018

How to Cite

Raj kumar Verma, & Ramesh Kumar. (2018). A STUDY OF JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION IN INDIA. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 3(IV), 12–15. Retrieved from https://www.jmsjournals.in/index.php/jmsg/article/view/317