International Research Journal of Commerce , Arts and Science

 ( Online- ISSN 2319 - 9202 )     New DOI : 10.32804/CASIRJ

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PUBLIC INTEREST LITIGATION: A CRITICAL STUDY IN THE LIGHT OF ADMINISTRATIVE DISCRETION AND DUE PROCESS

    2 Author(s):  MUMTAJ , SUSHILA

Vol -  5, Issue- 6 ,         Page(s) : 294 - 312  (2014 ) DOI : https://doi.org/10.32804/CASIRJ

Abstract

Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: the public in general. Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved party. In other words, only the affected parties had the locus standi (standing required in law) to file a case and continue the litigation and the non affected persons had no locus standi to do so. And as a result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on the other.

Books
1. H.M. Seervai  Constitutional Law of India (Universal Publication)
2. M.P. Jain Indian Constitutional Law ( 5th Edn. 2004 Wadhwa Nagpur)
3. Dr. Durga Das Basu Comparative Constitutional Law (2nd Edn. 2008 Wadhwa Nagpur)
4. Constitutional Assembly Debates
5. M.P. Jain and S.N. Jain Principles of Administrative Law (5th Edn.2008 Wadhwa Nagpur)
6. I.P. Massey Administrative Law (6th Edn. 2005 Eastern Book Company)
7. C.K. Takwani Lectures on Administrative Law (3rd Edn.2003  Eastern Book Company)
8. S.P. Sathe Judicial Activism In India: Transgrssing Borders And Enforcing Limits (2nd Edn 2008 Oxford India Paperback)
Websites:
1. www.legelservicesindia.com
2. www.manupatra.com
3. www.legaleagle.com
4. www. Indiakanoon.com
Articles:
1. Gitanjali Jha Public Interest Litigation:a critique manupatra articles
2. Vishal Bhat Public Interest Litigation  (legalservicesindia.com)

Journals
1. NUJS Law review
2. Indian Journal of Constitution Law NALSAR
3. SCHOLASTICUS Journal of National Law University Jodhpur
CASES REFERRED
1. Hussainara Khatoon v. State of Bihar
2. S.P. Gupta v. Union of India.
3. Anil Yadav v. State of Bihar
4. Citizen for Democracy v. State of Assam
5. Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy Service and Ors
6. Guruvayur Devaswom Managing Commit. And Anr. v. C.K. Rajan and Ors
7. Electricity Board Rajasthan v. Mohan Lal
8. Bandhua Mukti Morcha v. Union of India
9. Unnikrishnan v. State of A.P
10. People’s Union for Democratic Rights v. Union of India
11. Rural Litigation and Entitlement Kendra v. State of U.P
12. Sheela Barse v. State of Maharashtra
13. D.C.Wadhwa v. State of Bihar
14. M.C Mehta v union of India (Matters on Environment)
15. Vishaka v State of Rajasthan
16. Murli S. Deora v. Union of India
17. Delhi Domestic Working Women’s Forum v. Union of India

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