जनहित याचिका (Janhit Yachika). by अँड. वि. पु. शिंत्रे (Adv. V. P. Shintre). ISBN: Tags from this library: No tags from this library for this. Title, Meri Janhit Yachika Evam Anya Kahaniyan. Author, Pradeep Shrivastav. Language, Hindi. Year, Binding, PB. Pages, p. ISBN, , Bharat Main Janhit Yachika Aur Manav Adhikar by Aruna Rai, , available at Book Depository with free delivery worldwide.
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What is a Public Interest Litigation? A Public Interest Litigation Janhit Yachika means litigation for the protection of the public interest matters. Understanding the Right to Constitutional Remedies: Article 32 of the constitution of India is known as ” Right to Constitutional Remedies “. Article 32 1 says that “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed”. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body ” Who Can File Public Interest Litigation?
On behalf Of group Of affected peoples.
Whose rights are effected. Any public-spirited person can file a PIL case.
In Public Interest Litigation PIL vigilant citizens of the country can find an inexpensive legal remedy because there is only a nominal fixed court fee involved in this. Further, through the so-called PIL, the litigants can focus attention on and achieve results pertaining to larger public issues, especially in the fields of human rights, consumer welfare and environment.
The genuine causes and cases of public interest have in fact receded to the background and irresponsible PIL activists all over the country have started to play a major but not a constructive yachik in the arena of litigation. Of late, many of the PIL activists in the country have found the PIL as a handy tool jahnit harassment since frivolous cases could be filed without investment of heavy court fees as required in private civil litigation and deals could then be negotiated with the victims of stay orders obtained in the so-called PILs.
The framers of Indian constitution did not incorporate a strict doctrine of separation of powers but envisaged a system of checks and balances. Policy making and implementation of policy are conventionally regarding as the exclusive domain of the executive and the legislature.
The court declared that till the legislature enacted a law consistent with the convention on the Elimination of All Forms of Discrimination Against Women which India was a signatory, the guidelines set out by the court would be enforceable.
The flexibility of procedure that is a character of PIL has given rise to another set of problems.
Bharat Main Janhit Yachika Aur Manav Adhikar : Aruna Rai :
It gives an opportunity to opposite parties to ascertain the precise allegation and respond specific issues. 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 supervise the effective implementation of its orders.
It has also been yachioa felt that PIL is being misused by the people agitating for private grievance in the grab of public interest and seeking publicity rather than espousing public cause. Public Interest Litigation Cases.
Choose category Acts 19 Anti Corruption 2 B. However, the person filing the petition must prove to the satisfaction of the court that the petition is being filed for a public interest and not just as a frivolous litigation by a busy body “. E-mail Newsletter Sign up now to receive updates from us. Join Us on Facebook.
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