Anil Yadav Case
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
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
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)