Pil-public interest litigation

Taking legal action in court for getring

justice…generally for public benefit
Was started in 1970,justice bhagwati Krishna v
iyerinitiated the concept of pil
Aman yadav vs state of bihar
GROUNDS OF PIL
-a court action by the individual group if indi
belonging to a community Against an administrative
wrong effecting the member of community.
Procedure
-collect the relevant info
-gather all photographs,affidavit,bills etc
-write to the relevant authorities to be clear about
-maintain a organized report
-can be filed by registered organization or in the
name of office in his personal capacity
-issue a legal notice to concerned authority bedore
filing pil atleast 2 months prior to the case
-pil to be filed in the same manner as writ
-court fees 250 per respondent
Cases-sp gupta vs uoi
LIMITATIONS
-court has no indepedant investigating machinery to
find out the correct picture of the state
Court has no effective machinery to enforce its
order
-

-“
Stare decisis/precedent
Common name used for precedent…follows the
maxim stare decisiset non quieta movere meansto
stand by decision and not to disturb what is settled
by a judi ial decision…certainlegal rules bid down in
the earlier decisions it can be repeated,broadnes
but the concept has to be stick upon that is why it is
considered weaker source of law…it faces critisicm
from lawyers..
FACTORS SUPPORTING CONCEPT OF SD
-enable people to engage intrade of range of their
personal rightsin confidence as they wont be
entangled in litigation
-acts as a guideline whwre people know the wayout
if at somepoint they are uncertain of
thierrighat/duties.
-provmides legal reasoning and forecasting the
outcomes of litigation.
-keeps in check the discrtuinary power of judges
-providesefficient judicial rasoning and saves time n
energy of the litigation n save money.
-gets support from human sense of justice
DEMERITS
-published in law reports which are big volumes of
books thus time consuming
-overlooks the fundamentalrule of natural justice
-if the decision oh higher court is wrong the
subordinate court is bound to follow it
-sometimes court express conflicting opinion on the
same issue thisprecednt becomes doubtful
Gana sugar corp VS state of up-court held that
judgments of this court are decision bw litigants and
declarent.
Obiter dictum-a judge's expression of opinion
uttered in court or in a written judgement, but not
essential to the decision and therefore not legally
binding as a precedent.
3judicial power
Term means the wxercise of powers
through judges.they are the judge who
exercise the power of judicial vested n
thee govt….judicial power include
disposing of cases,laying down of
guidelines in the absence of
statues…judges keep in mind that their
decision doesn’t conflict with other
organ…separation of power is key
feature of Indian consti…means in india
each irgan of consti can exeraise its
power in its area.
RISE OF JP
-arbitraries of legislature
-ineffective implementation of rules n
regulations by executive administration.
-failure to enact law on particular subject
Vishaka vs state of rajasthan
SOURCES
151 of cpc(inhearing power of hc)
-sec 165 of Indian evidence act(judges
power tocourt any question)
-sec 482 of crpc
Article 129-sc to be records of rights
-arricle 136-discretionary power for
slp(special leave petition)
Unit 4
Judicial review-interpretation of consti+declare law n
order,contrary to consti
Principal-procedure established by law
Based in case-marbury vs Madison(1801)
Object
To devlae law which is unconstitutional
-to defend valid laws
-to potect and uphold costi
-to save legislatur function
- to check action of executive
FEATURES
-Used by sc and hc
-apllies to central and state laws
-cover law oly not political issues
-judicial review is not automatic
-the decision is implemented drom the date of
judgement
-based in the principal ofprocesure established by aw
-clarification of provisions which are rejected by law
CRITICISM
-undemocratic
-lack f clarity
-source of administrative problem
-conservative approach of sc
-delaing sysem
-fear o judiciary autocracy
Diff bw review n appeal
-filed in same court/higher court
-disretionarypower of court/statutory power
-procedural irregularities form the base of
review/dissatisfaction
-request to look into the legality of ruling/change r
modify decision
A

Unit1
Functions of Judicial Function
1give justice to people
2interpretation andapplication of law
3role in law making
4equity legislation
5protection of rights
6gaurdian of constition
7power to get itsjudgements enforced
8running of judicial administration
9Advisory function
10to conduct judicial inquires
COMPONENTS-plays role in getting judicial process
to get justify decision
1precedents-old cases decisions
2analysis-rule of conduct
3insting n traditional beliefs-legal needs of society
4source of ideology of judges-
5Natural justice-controls all actions ofpublic
authority
6objects of judicial functions-to prevent misuse of
judiciary
7to prevent misuse of judiciary
SCOPE
1JF deals with the power of legal authority
2JF are important in allprogressive society,welfare
state
3JF keeps a check on authorities
4takings a practical hand towards a case
5JF are codified or well defined lawslike contract act
6JF a person can challenge the case if unhappy by
the decision
Limits of law making
1making of law-entire procedure is
controlled by judiciary that is parliament
2interpretation power of judges-
3instincts n spirits of judiciary-judiciary
encourages strong evidence
4errors-
5declaritory law-judiciary can make only
decl lawbecause the judgments are not
cosified in law books,ruling of sc can be
firmly imposed
6conservatism of judges-
7outdated legal principals-
8less power of judicial officers-power are
not same of judicial deppt of legislative
9obstrucyion in enforcing of ruling-
10no court can rule down sc ruling
11-framing of lawsjudi iary n legislature
13amendmentsjudicioary has to follow
amendments given by legislature
General rule of interpretation
-literal rule
-golden rule
-mischief rule
LR
Words of statute are understoodin there
natural,ordinarysense according to their
grammatical meaning unless it leads to ambiguity
-gives ordinary meaning to the word
-follows the cordinal rule to give the basic meaning
-also called litera scripta
-intension oflegislature must not be lost while
interpretation is done
-imagenary construction is not allowed
DRAWBACKS
-strict adherence
-difficulty in assigning meaning to technical terms
-somwtimes intention of the parliament is not clear
-does fill the gapand commission
CASES
Motipur zamidari company VS state of Up
MaqbulHussain VS state of Bombay
GOLDEN RULE
This rule is modification of principal of literal rule it
says court must fing out the intension of the
legislature from the words used in the
statute.court must modify the meaning to such
extent that no further would prevent such
consiquences on the face of it
ADVANTAGES
-Rule prevents absurd result inn some ases
containing situations that are unimaginable
-focuses on imparting justice instead of binding law
DISADVANTAGE
-provides no clear meaning totest the extend of
absurdity
-tends to lead the judiciary by appling its own
standards of absurd.
CASE
Lee vs knapp
MISCHIEF RULE
Originates from the 16th century landmark of
‘leydon case of 1584’.main aim todetermine
mischief.also known as purpose ruele
ADVANTAGES
-the law commission see far more betteract than
previous one as fkorinterpreting acts
-usually voids ajust results
DISADVANTAGES
-out of date since used from 16th century
-gives to much power to unelected judiciary
Case-Kanwar Singh Vs Delhi administration