Thesis PIL
Thesis PIL
Thesis PIL
2. Abbreviation 10
3. CHAPTER -1 11–27
Prologue, Background, Objectives, Problems, Concept of
Locus Standi, Evolution of Concept
I. Prologue
II. Background
III.Objectives
IV. Problems
V. Concept of Locus Standi
VI. Evolution of Concept
4. CHAPTER - 2 28–54
Introduction, Concept, Writ Jurisdiction, Subjects of PIL,
Judicial Pronouncements, Summary of Cases
I. Introduction
II. Concept
III. Writ Jurisdiction
a) Habeas Corpus
b) Mandamus
c) Quo-Warranto
d) Prohibition
e) Certiorari
IV. Subjects of PIL
a) Personal Injury
b) Causation
c) Redressability
V. Judicial Pronouncements
a) Any Person
b) Voluntary Organisation
c) Report on News Paper
VI. Summary of Cases
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5. CHAPTER - 3 55–61
Public Interest Litigation and Judicial Activism
I.Public Interest Litigation and Judicial Activism
II.Strengths
III.Weaknesses
IV.Steps Necessary To Stop Abuse
6. CHAPTER -4 62–66
Proposals, Conclusion
I.Proposals
II.Conclusion
7. Bibliography 67–68
8. Website Research 69
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LEADING CASES ON LOCUS STANDI
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LEADING CASES ON LOCUS STANDI & PIL
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LIST OF ABBREVIATIONS
AC -Appeal Case
ACJ –American Communication Journal
AIR - All India Reporter
All - ALLAHABAD
ALL ER- All England Law Reports
Art- Article
AP- ANDHRA PRADESH
Bom - BOMBAY
Cal - CALCUTTA
Ch- Chapter
Co.-Company
Del - DELHI
Edn-Edition
HL-House of Lords
K.B. - KINGS BENCH
M.P.-Madhya Pradesh
Maha- Maharashtra
p. - PAGE
Para- paragraph
Pat - PATNA
PC - PRIVY COUNCIL
QB –Queen’s Bench
SC-Supreme Court
Pun -PUNJAB AND HARYANA
SCC-Supreme Court Cases
SCR- Supreme Court
U.P. - UTTAR PRADESH
W.L.C. - WESTERN LAW CASES
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DOCTRINE OF LOCUS STANDI AND PUBLIC
INTEREST LITIGATION : AN ANALYTICAL
STUDY
CHAPTER -1
PROLOGUE, BACKGROUND, OBJECTIVES,
PROBLEMS, CONCEPT OF LOCUS STANDI,
EVOLUTION OF CONCEPT
PROLOGUE
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BACKGROUND
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In U.S.A., the administrative agencies were considered to
represent the public interest. The agency proceedings
were to be the forums for vindicating public interest.
Litigation in public interest began acquiring popularity in
the U.S. in the early sixties. The reason was the failure of
the administrative agencies, referred to as the fourth
headless branch of the State, after the Executive,
Legislature and the Judiciary were conceived as
instruments to regulate the powerfully organized private
sector.
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Two factors that led to the failure of the agencies helped
the development of public interest litigation. The first
was, what the Americans call 'agency capture'.
Powerfully organised private sector which was to be
regulated by the agencies, captured the agencies
themselves and, they began to play to the tune of those
against whom they were expected to act. The second
factor was the failure of the agencies to recognize the
existence of large and diffuse interests in society which
were badly disarrayed and unorganised. Thus, the
administrative agencies became what are called the 'low
visibility' areas of decision-making.
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because of the problem of access to court, lack of
standing to litigate, or economic disabilities. The public
interest lawyers were instrumental in finding a way out
of this impasse.
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OBJECTIVES
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LOCUS STANDI
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EVOLUTION OF THE CONCEPT
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substantive right or interest possessed by him and which
is alleged to be infringed or endangered by a State action.
It is this factor that gives the litigant the personal
qualification to challenge an illegal administrative or
legislative act. Two principles have been held to underlie
the concept of locus standi.
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a law affecting newspapers in Bennet Coleman Co. v.
India. But, it is still not clear whether a fully paid-up
shareholder will have locus standi.
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standi on more and more persons. This can be seen from
the decisions of the Supreme Court recognising the
standing of unrecognised trade unions, the legal
profession, 1aw teachers etc. Even now, our Supreme
Court asserts as a general rule that a total stranger
cannot enforce the fundamental rights of another person.
In cases where the affected party is in some way
disadvantaged, the court will allow a member of the
public acting bonafide, to espouse the cause of such
person or class of persons. So, not only that the
beneficiaries of the action should be socially
disadvantaged, but the litigant should be acting
bonafide. Such requirements as above are wholly
unnecessary and can breed only confusion and
uncertainty.
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In November, 1982, Mr. Sudeep Mazumdar, a
newspaperman invited the attention of the Supreme
Court, by a letter, to the injuries and accidental killings
of tribal’s in the largest ammunition testing range of the
army near Itarsy in Madhya Pradesh. People were dying
in large numbers, while collecting scrap from the
exploding shells. This was a typical situation where the
court should have been only eager to interfere. But,
strangely enough, the court framed a set of ten questions
on public interest litigation, doubting its legitimacy and
questioning the liberal approach to locus standi adopted
in earlier cases and, referred them to a Constitution
Bench for decision.
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public interest, because, until his locus standi is upheld,
he would not know whether he can get relief. There are
innumerable classes of people in our society with varied
interests and to qualify them for locus standi on the
basis of identity of `person' would be impossible. For
example, a lawyer has locus standi to challenge transfer
of judges, but, can he challenge misappropriation of
funds by a municipality? Or should he be a rate-payer
too at the same time? Similarly, can the prospective
purchaser of a motor car challenge non-maintenance of
roads by the municipality? Or should he be a car-owner?
It is difficult to assess one way or the other.
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CHAPTER -2
INTRODUCTION, CONCEPT, WRIT JURSIDICTION,
SUBJECTS OF PIL, JUDICAL PRONOUNCEMENTS,
SUMMARY OF CASES
INTRODUCTION
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The Constitution of India recognises as fundamental
rights many of the individual rights that comprises the
International Covenant on Civil and Political Right.These
include the right to life, to equality, to the freedom of
speech and expression and the right to seek judicial
redress before the Supreme Court and 21 High Courts of
India for enforcement and protection of these rights.
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Though India's higher courts and, in particular, the
Supreme Court have often been sensitive to the grim
social realities, and have on occasion given relief to the
oppressed, the poor do not have the capacity to represent
themselves, or to take advantage of progressive
legislation. In 1982, the Supreme Court conceded that
unusual measures were warranted to enable people the
full realization of not merely their civil and political
rights, but the enjoyment of economic, social, and
cultural rights, and in its far- reaching decision in the
case of PUDR [People's Union for Democratic Rights] vs.
Union of India , it recognised that a third party could
directly petition, whether through a letter or other
means, the Court and seek its intervention in a matter
where another party's fundamental rights were being
violated. In this case, adverting to the Constitutional
prohibition on "begar", or forced labor and traffic in
human beings, PUDR submitted that workers contracted
to build the large sports complex at the Asian Game
Village in Delhi were being exploited. PUDR asked the
Court to recognize that "begar" was far more than
compelling someone to work against his or her will, and
that work under exploitative and grotesquely humiliating
conditions, or work that was not even compensated by
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prescribed minimum wages, was violative of fundamental
rights. As the Supreme Court noted, The rule of law does
not mean that the protection of the law must be available
only to a fortunate few or that the law should be allowed
to be prostituted by the vested interests for protecting
and upholding the status quo under the guise of
enforcement of their civil and political rights. The poor
too have civil and political rights and rule of law is meant
for them also, though today it exists only on paper and
not in reality. If the sugar barons and the alcohol kings
have the fundamental right to carry on their business
and to fatten their purses by exploiting the consuming
public, have the charmers belonging to the lowest strata
of society no fundamental right to earn an honest living
through their sweat and toil? Thus the court was willing
to acknowledge that it had a mandate to advance the
rights of the disadvantaged and poor, though this might
be at the behest of individuals or groups who themselves
claimed no disability. Such litigation, termed Public
Interest Litigation or SocialAction Litigation by its
foremost advocate, Professor Upendra Baxi, has given
the court "epistolary jurisdiction".
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CONCEPT
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the legal wrong or legal injury caused to such person or
determinate class of persons.”
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In Guruvayur Devaswom Managing Commit. And Anr. v.
C.K. Rajan and Ors , the Supreme Court held, “The
Courts exercising their power of judicial review found to
its dismay that the poorest of the poor, depraved, the
illiterate, the urban and rural unorganized labour sector,
women, children, handicapped by 'ignorance, indigence
and illiteracy' and other down trodden have either no
access to justice or had been denied justice. A new
branch of proceedings known as 'Social Interest
Litigation' or 'Public Interest Litigation' was evolved with
a view to render complete justice to the aforementioned
classes of persona. It expanded its wings in course of
time. The Courts in pro bono public granted relief to the
inmates of the prisons, provided legal aid, directed
speedy trial, maintenance of human dignity and covered
several other areas. Representative actions, pro bono
publico and test litigations were entertained in keeping
with the current accent on justice to the common man
and a necessary disincentive to those who wish to by
pass the, real issues on the merits by suspect reliance on
peripheral procedural shortcomings… Pro bono publico
constituted a significant state in the present day judicial
system.
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They, however, provided the dockets with much greater
responsibility for rendering the concept of justice
available to the disadvantaged sections of the society.
Public interest litigation has come to stay and its
necessity cannot be overemphasized. The courts evolved
a jurisprudence of compassion. Procedural propriety was
to move over giving place to substantive concerns of the
deprivation of rights. The rule of locus standi was
diluted. The Court in place of disinterested and
dispassionate adjudicator became active participant in
the dispensation of justice”.
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WRIT JURISDICTION
(under Articles 32 and 226 of the Constitution of India,
1950)
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person or any group of persons, can be declared as void
by the Courts under Article 13 of the Constitution.
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Rights and hence it cannot be denied to any person. Dr.
B.R.Ambedkar described Article 32 as the most
important one, without which the Constitution would be
reduced to nullity. It is also referred to as the heart and
soul of the Constitution. By including Article 32 in the
Fundamental Rights, the Supreme Court has been made
the protector and guarantor of these Rights. An
application made under Article 32 of the Constitution
before the Supreme Court, cannot be refused on
technical grounds. In addition to the prescribed five
types of writs, the Supreme Court may pass any other
appropriate order. Moreover, only the questions
pertaining to the Fundamental Rights can be determined
in proceedings against Article 32. Under Article 32, the
Supreme Court may issue a Writ against any person or
government within the territory of India. Where the
infringement of a Fundamental Right has been
established, the Supreme Court cannot refuse relief on
the ground that the aggrieved person may have remedy
before some other court or under the ordinary law.
The relief can also not be denied on the ground that the
disputed facts have to be investigated or some evidence
has to be collected. Even if an aggrieved person has not
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asked for a particular Writ, the Supreme Court, after
considering the facts and circumstances, may grant the
appropriate Writ and may even modify it to suit the
exigencies of the case. Normally, only the aggrieved
person is allowed to move the Court. But it has been held
by the Supreme Court that in social or public interest
matters, any one may move the Court. A Public Interest
Litigation can be filed before the Supreme Court under
Article 32 of the Constitution or before the High Court of
a State under Article 226 of the Constitution under their
respective Writ Jurisdictions. There are mainly five types
of Writs – (i) Writ of Habeaus Corpus, (ii) Writ of
Mandamus, (iii) Writ of Quo-Warranto, (iv) Writ of
Prohibition, and (v) Writ of Certiorari.
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person is illegally detained, it can issue orders for his
release.
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any public office by anybody. For example, a person of
62 years has been appointed to fill a public office
whereas the retirement age is 60 years. Now, the
appropriate High Court has a right to issue a Writ of
quowarranto against the person and declare the office
vacant.
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SUBJECTS OF PUBLIC INTEREST LITIGATION
1. Personal Injury
2. Causation
3. Redressability
1. Injury:
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imminent, distinct and palpable, not abstract. This
injury could be economic as well as non-economic.
2. Causation: -
3. Redressability: -
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JUDICAL PRONOUNCEMENTS
(following are the considerations by the court on Locus
Standi)
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1) Any person
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2) Voluntary organisation
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adopt activist approach similar to Court in America , so
as to provide remedial amplitude to the citizens of India.
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the lethargy and inefficiency of the executive is
commendable
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SUMMARY OF CASES
(Important Subjects in PIL from the above Judicial
Pronouncements)
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4) Eviction of Gudalur farmers
Persons who had for many years cultivated the land were
sought to be summarily evicted without adhering to
principles of Natural Justice. The case considered
sympathetically and provided, the farmers provided on
the compassionate ground.
5) Child welfare
6) Women Atrocity
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b) Custodian violence to the Women Ill-treatment and
custodian violence to the women prisoners in the
police lockup.
7) Environmental Cases
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CHAPTER -3
PUBLIC INTEREST LITIGATION
AND JUDICAL ACTIVISM
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following reasons for liberalization of the rule of Locus
Standi:-
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armed with the power of judicial review was the
constitutional device chosen to achieve this objective.
The power to enforce the FRs was conferred on both the
Supreme Court and the High Courts—the courts that
have entertained all the PIL cases.
STRENGHTS
WEAKNESSES
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4) The credibility of PIL process is now adversely
affected by the criticism that the judiciary is
overstepping the boundaries pf its jurisdiction and
that it is unable to
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Steps Necessary To Stop Abuse
With the view to regulate the abuse of PIL the apex court
itself has framed certain guidelines (to govern the
management and disposal of PILs.) The court must be
careful to see that the petitioner who approaches it is
acting bona fide and not for personal gain, private profit
or political or other oblique considerations. The court
should not allow its process to be abused by politicians
and others to delay legitimate administrative action or to
gain political objectives. There may be cases where the
PIL may affect the right of persons not before the court,
and therefore in shaping the relief the court must
invariably take into account its impact on those interests
and the court must exercise greatest caution and adopt
procedure ensuring sufficient notice to all interests likely
to be affected.
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(ii) a public spirited individual or
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CHAPTER -4
PROPOSALS AND CONCLUSION
PROPOSALS
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in a hierarchical, caste-ridden, economically and socially
backward society like ours, is beyond question.
Particularly so, in a decadent, colonial jurisprudence in
which there is still no awareness and initiative for legal
and judicial reforms. Therefore, it is necessary to enlarge
the scope of, and to streamline, this new device so as to
make it effectively serve the inarticulate masses of our
people. It is time that the doctrine of locus standi is given
a decent burial by the Supreme Court in relation to
public interest litigation.
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CONCLUSION
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There is no special person required to the file the case
locus standi in this cases are the report which the court
are get matter to consider the case as public interest
litigation.
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BIBILOGRAPHY
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10. The Admissibility of Human Rights Petitions by
Tom Zwart
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INTERNET /WEB RESOURCES
1. www.legalservicesindia.com
2. www.shareyouressays.com
3. www.scribd.com
4. www.lawyersclubindia.com
5. www.Manupatra.com
6. www.indiakanoon.com
7. www.scconline.com
8. www.wikipedia.com
9. www.sscrn.com
10. www.articlesbase.com
11. www.livelaw.in
12. barandbench.com
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An old man walks up
to the King pleading to
save the city from an
ever expanding river
and pledges the
savings of his lifetime.
Baimundi, the
foremost of public
interest litigants will
always remain as a
brightest ray of
inspiration for
generations to come.
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