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It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined the term "public interest litigation" in the Indian context. The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A [a] of the Constitution of India to protect and deliver prompt social justice with the help of ...
Judicial review was adopted by the constitution of India from judicial review in the United States. [70] In the Indian constitution, judicial review is dealt with in Article 13. The constitution is the supreme power of the nation, and governs all laws. According to Article 13:
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
Indian constitution invokes the term "public interest" at nine places in its Articles 22 (6), 31A (b) and 31A (c) of fundamental rights of people, 263, 302, Entries 52, 54 and 56 of union list and Entry 33 of the concurrent list. Article 282 says the revenues of the Union or a State may be spent for public purposes. When a scheme or project is ...
Article 35 of the Indian Constitution is a provision that gives the Parliament the exclusive power to make laws on certain matters related to the fundamental rights, such as the reservation of public employment, the application of fundamental rights to the armed forces, the restriction of fundamental rights during martial law, and the ...
The Court said that although the right to education had not been guaranteed as a fundamental right under Part III of the Constitution, Articles 21 (in Part III of the Constitution of India), Article 38, 39(a), (f), 41 and 45 (in Part IV of the Constitution of India) together clear showed that the framers of the Constitution had made it ...
Public Interest Litigation Guardian of the Constitution: Hierarchy of Courts in India: 1. Supreme Court 2. High Court 3. District Court 4. Executive /Revenue Court: Post Designation: Justice Judge Magistrate - Judicial & Executive: Cadre strength: 23,790 Judges strength (34 in Supreme Court, 1079 for High Court, 22677 for Subordinate Court ...
Controversy further arose when judges began to read such obligations of the state into Article 21 of the Indian Constitution [105] to impose vicarious liability on the state. [106] However, proponents of public interest litigation and constitutional torts argue that their impact has been to facilitate "social and distributive justice". [107]