EXPLAIN CONCEPT OF LOK ADALATS AND PUBLIC INTEREST LITIGATION WHAT IS THEIR SIGNIFICANCE IN COUNTRY LIKE INDIA
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The concept of lok adalat was pushed back into oblivion in last few centuries before independence and particularly during the British regime.
Significance;
>Speedy justice and saving from the lengthy court procedures.
>Justice at no cost.
>Solving problems of backlog cases.
>Maintenance of cordial relations.
Hope this will help u.
Significance;
>Speedy justice and saving from the lengthy court procedures.
>Justice at no cost.
>Solving problems of backlog cases.
>Maintenance of cordial relations.
Hope this will help u.
Answered by
3
It may be easy to know when such litigation is presented. Yet defining it has taxed judicial minds. Some say it is a ‘nebulous concept’ and is beyond definition. Others try to define it by delineating its characteristic features. A Judge in Australia identifies it by the public character to which the litigation relates evidenced by: properly bringing proceedings to advance a public interest;that proceedings contribute to the proper understanding of the law in question; and have involved no private gain.
The effect of this decision is really the crucial determining factor. Whether the action is brought by a singular individual or an organization or as a class action, or even where the remedy sought may benefit the applicant directly, the litigation may yet be in the public interest if the impact of the decision will serve the wider public interest.
As Lord Diplock said in the English House of Lords:
“There would be a grave lacuna in our system of public law if a pressure group, like the Federation, of even a single public spirited tax-payer, were prevented by out-dated technical rules of locus standi from bringing the matter to the attention of the court to vindicate the rule of law and get unlawful conduct stopped.”
This dictum was adopted in Malaysia in the leading public interest litigation case, Mohamed bin Ismail v Tan Sri Haji Othman Saat in these terms:
“… if they (public authorities) transgress any law or constitutional directive, then any public- spirited citizen, even if he has no greater interest than a person having regard for the due observation of the law, may move the courts and the courts may grant him the appropriate legal remedy in its discretion”.
HOPE IT HELPS YOU.
The effect of this decision is really the crucial determining factor. Whether the action is brought by a singular individual or an organization or as a class action, or even where the remedy sought may benefit the applicant directly, the litigation may yet be in the public interest if the impact of the decision will serve the wider public interest.
As Lord Diplock said in the English House of Lords:
“There would be a grave lacuna in our system of public law if a pressure group, like the Federation, of even a single public spirited tax-payer, were prevented by out-dated technical rules of locus standi from bringing the matter to the attention of the court to vindicate the rule of law and get unlawful conduct stopped.”
This dictum was adopted in Malaysia in the leading public interest litigation case, Mohamed bin Ismail v Tan Sri Haji Othman Saat in these terms:
“… if they (public authorities) transgress any law or constitutional directive, then any public- spirited citizen, even if he has no greater interest than a person having regard for the due observation of the law, may move the courts and the courts may grant him the appropriate legal remedy in its discretion”.
HOPE IT HELPS YOU.
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