- Author(s): Mamta Rao
- Publisher: Eastern Book Company
- Edition: 5 Ed Rp 2024
- ISBN 13 9789390715480
- Approx. Pages 456 + Content
- Format Paperback
- Approx. Product Size 24 x 16 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
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Description
I am thankful to my readers for giving me this opportunity to place before them the fifth edition of this book on public interest litigation.
Public interest litigation, in simple words, means, litigation filed in a court of law, for the protection of public interest, that is, any matter where the interest of public at large is affected can be redressed by filing a public interest litigation in a court of law. The term is not defined in any statute or in any Act but has been interpreted by judges to consider the intent of public at large. In the world over, the concept of public interest litigation has gained popularity. The term "public interest litigation" originated in the US in the mid-1980s. Since the 19th century, in America, legal aid movement has contributed to public interest law which was part of the legal aid movement. In Australia, for protecting environment, the Australian court has diluted the principle of "aggrieved person". The Civil Procedure Act, 2012 introduced the public interest litigation system within the scope of civil procedure for the first time, which is a major breakthrough in China. The Constitution of Tanzania gives citizens the right to public interest litigation as an independent and additional source of standing.
proceedings may be instituted by any public-spirited individual to challenge either the legality of public decisions or actions or the consistency of legislation with the Constitution. Germany has a more comprehensive public interest litigation system and the relevant provisions are included in the Constitution of Germany, Administrative Procedure Law, Civil Procedure Act and the Anti-Unfair Competition Law. The South African Constitution has adopted public interest litigation with a commitment to "transform the society into one in which there will be human dignity, freedom and equality". Thus, improving access to justice falls squarely within the mandate of this Constitution. In furtherance of this objective, the South African legal framework takes a favourable stance towards public interest litigation by prescribing broad rules of standing and relaxing pleading requirements.
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Contents
I. Introduction
II. Quest for Social Justice
III. New Vista in PIL: Liberalisation of "Locus Standi"
IV. Dynamics and Trends of Public Interest Litigation in India
V. Procedural Innovations
VI. Limitations and Dilemmas of PIL
VII. Law Relating to Legal Aid and Lok Adalats
APPENDICES
Legal Services Authorities Act, 1987
Format for filing Public Interest Litigation
Format of Affidavit in Support
Subject Index
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Author Details
MAMTA RAO, LLM (Gold Medalist), Ph D (Law) Asssociate Professor & Head, Department of Post Graduate Studies & Research in Law, R.D. University, Jabalpur (M.P.)
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