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Judicial Activism Through Public Interest Litigation The Indian Experience

By D. K. Bhatt

Published In

Air 1998

The Preamble to the Indian Constitution declares India to be inter alia a 'democratic' republic and guarantees justice, liberty and equality to all its citizens. The Indian Constitution assigns sufficiently delineated functions and powers to the three State organs — the executive, legislature and judiciary, — and no organ can surpass the authority of others. Judiciary, being sentinel of constitutional and statutory rights of citizens, has a special role to play in the constitutional scheme. It can review legislations and administrative actions or decisions on the anvil of the Constitution and law.1 For the enforcement of fundamental rights, a citizen has a right to move the Supreme Court or High Courts directly, by invoking writ jurisdiction of these Courts.2The high cost and complexity of procedure in litigation, however, makes equal access to justice a mere slogan in respect of millions of destit ....

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