Anil Yadav Case

Topics: Supreme Court of the United States, Law, Court Pages: 8 (2640 words) Published: September 1, 2013
CONSTITUTIONAL LAW – II

Project on –
CASE ANALYSIS OF
ANIL YADAV V. STATE OF BIHAR
1982 AIR 1008

Submitted to: Miss Kuldeep Kaur
Submitted by: Shruti Nandwana
2012 BA LLB 47

TABLE OF CONTENTS
* INTRODUCTION
* PUBLIC INTEREST LITIGATION
* FACTS OF THE CASE
* ISSUES IN QUESTION
* DECISION OF THE SUPREME COURT
* ANALYSIS OF THE JUDGEMENT
* CONCLUSION
* BIBLIOGRAPHY

INTRODUCTION
Public interest litigation (PIL) has a vital role in the civil justice system in that it could achieve those objectives which could hardly be achieved through conventional private litigation.PIL, for instance, offers a ladder to justice to disadvantaged sections of society, provides an avenue to enforce diffused or collective rights, and enables civil society to not only spread awareness about human rights but also allows them to participate in government decision making. PIL could also contribute to good governance by keeping the government accountable. Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Court’s directly by invoking Writ Jurisdiction of these courts. But the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private pursuit for the vindication of private vested interests. Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party. However, these entire scenario changed during Eighties with the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.

PUBLIC INTEREST LITIGATION
IN BLACK'S LAW DICTIONARY : "Public Interest Litigation means a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected." Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the burnt of insensitive treatment at the hands of fellow human being. Transparency in public life & fair judicial action are the right answer to check increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed.But this traditional rule was considerably relaxed by the Supreme Court PILs in practice are proceedings that may be regarded as having a public element and which evolve remedies traditionally associated with matters of public concern. These proceedings focus generally on the enforcement of rules of constitutional and statute law and supervision of governmental and administrative tribunals, agencies and offices. Such power is conferred upon the courts by Article 32 and Article 226 of the constitution. These Articles proved the Supreme courts and the High courts with the writ jurisdiction enabling them to issue writs when the...

Bibliography: * www.manupatra.com
* www.indiankanoon.com
* www.supremecourtofindia.com
* www.constitution.org
* V.N. Shukla, Constitution of India, Eastern Book Company, 11th Ed. (2008)
* M.P. Jain, Indian Constitutional Law, Lexis Nexis Butterworths Wadhwa, 6th Ed. (2010)
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