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competition

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MGSCTI MORENA ADDMISION OPEN FOR SHORTHAND AND CPCT MOB-7470639002 (MP HIGH COURT AG-3 ENGLISH TYPING TEST 16/01/2019)

created Dec 9th 2018, 21:29 by shivani sengar


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Public Interest Litigation is directly filed by an individual or group of people in the Supreme Court of India and High Courts of India and judicial member. It was felt that their interests are undermined by the government .In such a situation, the court directly accepts the public interest litigation. It is a new legal horizon in which court of law can initiate and enforce action to serve and secure significant Public Interest Litigation. In December 1979, Kapila Hingorani had filed a petition regarding the condition of the prisoners detained in the Bihar jail, whose suits were pending in the court. The special thing about this petition was that it was not filed by any single prisoner, rather it was filed by various prisoners of the Bihar jail. The case was filed in the Supreme Court before the bench headed by Justice P.N.Bhagwati. This petition was filed by the name of the prisoner, Hussainara Khatoon, hence the petition came to be known as Hussainara Khatoon Vs State of Bihar. In this case, the Supreme Court upheld that the prisoners should get benefit of free legal aid and fast hearing. Because of this case 40,000 prisoners, whose suits were pending in the court, were released from the jail. There after many cases like this have registered in the supreme court. 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 in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to the people, devising a means for any person of the public or an NGO to approach the court seeking legal remedy in cases where the public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court.  Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been taken up as PILs and heard.

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