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Who is responsible for public interest litigation in India?

Posted on December 31, 2022 by Author

Table of Contents

  • 1 Who is responsible for public interest litigation in India?
  • 2 What is applicable to Public Interest Litigation?
  • 3 Which jurisdiction is used for handling cases of Public Interest Litigation?
  • 4 What is advisory jurisdiction?
  • 5 Which jurisdiction is used for handling cases of public interest litigation?

Who is responsible for public interest litigation in India?

PIL is a rule of law declared by the courts of record. However, the person (or entity) filing the petition must prove to the satisfaction of the court that the petition serves the public interest and is not as a frivolous lawsuit brought for monetary gain. The 38th Chief Justice of India, S.

What is epistolary jurisdiction?

The term epistolary jurisdiction means acting on letter written by or on behalf of the oppressed people. This strategy is adopted by the supreme court for facilitating access to justice.

What is applicable to Public Interest Litigation?

Public interest litigation is the use of the law to advance human rights and equality, or raise issues of broad public concern. It helps advance the cause of minority or disadvantaged groups or individuals. Public interest cases may arise from both public and private law matters.

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Where can I find Public Interest Litigation?

A PIL can be filed in the same way as a writ petition. Public Interest Litigation (PIL) guidelines are available on the website of the Hon’ble Supreme Court of India (see here).

Which jurisdiction is used for handling cases of Public Interest Litigation?

In this case it was held that “any member of the public or social action group acting bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or the Supreme Court (under Article 32) seeking redressal against violation of legal or constitutional rights of persons who due to social or economic …

Who is father of public interest litigation in India?

Justice Bhagwati
Justice Bhagwati has been called the father of public interest litigation in India due to his contribution to Public Interest Litigation jurisprudence. Justice Bhagwati was Chief Justice of India from July 12, 1985, to December 20, 1986.

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What is advisory jurisdiction?

Advisory Jurisdiction is when a lower court or any constitutional body seeks the advice of the higher Court in a matter of law. 409 (1792), the Supreme Court of the United States for the first time considered to give advisory opinion.

What is split jurisdiction?

Basically, split jurisdiction is a situation where the law seemingly provides appellate remedies to different courts. This is against public policy because it encourages forum shopping and conflicting rulings between courts.

Which jurisdiction is used for handling cases of public interest litigation?

Which movement in India led to the filing of public interest litigation PIL and the judiciary had to give a decision regarding PIL?

Answer : Hussainara Khatoon vs State of Bihar case was one such movement in India led to the filing of Public Interest Litigation and the Judiciary had to give decision over PIL. As the case was filed by the prisoner named Hussainara Khatoon. So it came to be known as Hussainara Khatoon vs State of Bihar case.

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