A Critical Study of Public Interest Litigation and Legal & Para-Legal Services In India

Abstract

The role of Public Interest Litigation is as a panacea in delivery of justice with respect to Para-Legal Services and Legal system in India. Public Interest Litigation is most empowered and powerful means or instruments for weaker sections and vulnerable groups of people of our society to deliver justice. The Para-Legal Services also are the most effective remedy or solution for poor and other disable persons in administration of justice. Public Interest Litigation can only be filed before hon‟ble High Courts for the state under article 2263 or hon‟ble Supreme Court of India under article 324, except the aforesaid Public Interest Litigation cannot be filed before any court, tribunals, authority or officer in India. Either Public Interest Litigation may be filed in the High Court or the Supreme Court but the same cannot be filed in both Courts together or simultaneously at a time. Article 32 is applied only for the enforcement of Fundamental Rights and article 226 is invoked for the enforcement of Fundamental Rights and also for other rights. Article 32 is also one of organs of basic structure of Constitution of India which cannot be destructed by the amendment under article 368 of Constitution of India as per the case of L. Chandra Kumar v. Union of India5. Public Interest Litigation can be filed by the person whose fundamental rights, human rights, other rights as legal or statutory or constitutional rights etc. have been violated or by any institution, organization, relatives, NGOs social welfare institutions, other persons etc. The Court may also take cognizance by suo-moto from newspapers, magazines and other means also. Public Interest Litigation can be filed for the enforcement, protection & preservation of fundamental rights, human rights, other rights as legal or statutory or constitutional rights etc. of poor persons, weaker sections, vulnerable group of persons or other disable people also. In Judges Transfer case the bench of 7 Justices held that such person can seek the remedy by writing a simple letter to the court only, and to comply with the technicalities of the petition shall not be compulsory which is helpful for research scholars, students, Professors, teachers, institutions or organizations or establishments, commissions, governments, NGOs, trusts, Colleges, Universities, person individually or group, society and other required persons relating to conduct research and do the needful as per requirements, time & circumstances.