Chapter

This Garden is Open to the Public

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0035
This Garden is Open to the Public

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Public interest litigation is a new device by which access to justice was assured even to those who by reason of their poverty, illiteracy, or inability otherwise were denied the same earlier. In India, the foundation for the concept of public interest litigation was laid by the genius of Justice Krishna Iyer in the well-known case of Municipal Council, Ratlam v. Vardichand. The participation of the people in the judicial process is invited and assured through the strategy of public interest litigation. The primary objection to public interest litigation is the former strict adherence to the restrictive concept of locus standi. Public interest litigation is an important and vital branch of public law and in a public law proceeding, there is Constitutional obligation imposed on the Supreme Court to forge new tools necessary to give relief for doing complete justice and to preserve and protect the rule of law. The Court is ready to invoke the power available to the Supreme Court under Article 142 of the Constitution.

Keywords: India; Supreme Court; Constitution; public interest litigation; justice; Krishna Iyer; judicial process; locus standi; public law; Article 142

Chapter.  2805 words. 

Subjects: Constitutional and Administrative Law

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