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Definition and importance of State

Public Interest Litigation in India: A Critique Dr. Ramesh Professor cum Director Centre for the Study of Social Exclusion and Inclusive Policy. University of Mysore.Mysore Email:drramesh53@rediffmail.com.

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Definition and importance of State

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  1. Public Interest Litigation in India: A CritiqueDr. RameshProfessor cum DirectorCentre for the Study of Social Exclusion and Inclusive Policy.University of Mysore.MysoreEmail:drramesh53@rediffmail.com

  2. Introduction“If I was asked to name any particular article in the Indian Constitution as the most important—an Article without which the Constitution would be a nullity—I could not refer to any other Article except this one……….. It is the very soul the Constitution and the very heart of it,” -Dr.B.R. AmbedkarThis statement is made in respect of Article 226 and 32 of the Indian Constitution

  3. Definition and importance of State • What is state?(legitimate expectation) • Protection of life and property • Against the principle of might is right

  4. Definition of Person • Biological definition(not mere animal existence) • Social and Legal definition (Civil rights Act, 1955, and Protection of Sc/ST Act, 1989) • The position of slave and slavery • Unborn child (Prenatal Diagnostic Techniques(Regulation and Prevention of Misuse )Act, 1994 • Death is not bar for maintenance of personality

  5. Organizational set up UNO (various conventions and agreements) Constitution of India (Articles 253&141) Parliament and State Legislature Local Self Government (73rd and 74th Amend Act)

  6. Importance of Constitution • It is a legal document with special sanction. • Whether Constitution is final?

  7. Fundamental Rights • Definition.(restrictions imposed on state) • These are inalienable rights • can it be waived? • What is the present situation in India?

  8. Justice, Judiciary and PIL • Liberalization of local standi (M.C.mehta & Chairman Rly Board Vs. chadrima das 2000 cases) • Epistolary jurisdiction (mohanlal Sharma v. U.P (1989) telegram was treated as writ petition) • Non-adversarial procedure • Suo-moto intervention (Bagalpur blinding case, 1980 reported in AnandbazarPatika) • Appointment of commission

  9. Features of PIL • Injury to disadvantaged section to whom justice is not accessible • Sufficient interest • Breach of public duty • Must seek enforcement of such duty

  10. Out come of PIL • Problems of Environment have been redressed (MC.Mehta cases) • Girl child (LaxmiPandey case 1984) • Inhuman treatment of inmates (Sunil batra case 1978) • Vulnerable section, Child labors, women problems (Sheela barse case 1986) • Social exclusion

  11. Sanctions of Judicial decision • Common law country • Article 141 of the Indian Constitution

  12. Thank You Visit me at: drramesh53@rediffmail .com

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