79-451: The chief instrument through which judicial activism has flourished in India is public interest litigation ( PIL ) or social action litigation ( SAL ). It refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially-disadvantaged parties and was introduced by Justice P. N. Bhagwati and Justice V.R. Krishna Iyer . It is a relaxation on
158-481: A writ petition . In Citizens for Democracy through its President v. State of Assam and Others , 1995 KHC 486 : 1995 (2) KLT SN 74 : 1995 (3) SCC 743 : 1995 SCC (Cri) 600 : AIR 1996 SC 2193, the court entertained a letter from Shri Kuldip Nayar (a journalist, in his capacity as President of Citizens for Democracy) to a judge of the court alleging human rights violations of Terrorist and Disruptive Activities (Prevention) Act (TADA) detainees; it
237-653: A "philosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors, to guide their decisions." Political science professor Bradley Canon has posited six dimensions along which judge courts may be perceived as activist: majoritarianism, interpretive stability, interpretive fidelity, substance/democratic process, specificity of policy, and availability of an alternate policymaker. David A. Strauss has argued that judicial activism can be narrowly defined as one or more of three possible actions: overturning laws as unconstitutional, overturning judicial precedent , and ruling against
316-538: A Nallah. In the first-of-its-kind river rejuvenation activity, the Dravyavati River Project will oversee the amortisation of 170 MLD polluted water and have more than 100 fall structures constructed to turn this rain side river to a perennial river. More than 18,000 trees were planted and 65,000 square meters green area developed under this project. Public interest litigation on publication of property list of princely state of Rajasthan Article 12 (1) and (II) of
395-542: A Public Interest Lawyering Hub, where resources on PIL are available. Judicial activism in India Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint . The term usually implies that judges make rulings based on their own views rather than on precedent . The definition of judicial activism and
474-525: A corrective was required and we have had some balance restored in recent times”. In what may be a tool against frivolous PILs, the Union Ministry of Law and Justice (assisted by Bhagwati and Iyer) prepared a law regulating PILs. The judgment said: “This court wants to make it clear that an action at law is not a game of chess . A litigant who approaches the court must come with clean hands. He cannot prevaricate and take inconsistent positions”. For example,
553-410: A description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions."; likewise, the solicitor general under George W. Bush , Theodore Olson , said in an interview on Fox News Sunday , with regard to a case for same-sex marriage he had successfully litigated , that "most people use
632-540: A forged request from police. In Kalyaneshwari vs Union of India , the court cited the misuse of public-interest litigation in business conflicts. A writ petition was filed in the Gujarat High Court seeking the closure of asbestos units, stating that the material was harmful to humans. The high court dismissed the petition, stating that it was filed at the behest of rival industrial groups who wanted to promote their products as asbestos substitutes. A similar petition
711-558: A free and democratic system. Baroness Hale of Richmond raises the popular concern that this system operates on a fundamentally different playbook to the United States of America's court of law, and personal bias can be inherited, through an 'old boys' club'. Among critics of judicial activism in the United Kingdom are Richard Ekins , John Finnis , and Sir Stephen Laws . Policy Exchange 's Judicial Power Project, headed by Ekins,
790-629: A large role in subsequent interpretive debates, some of the historical assertions of presidential authority that stretch constitutional and statutory language the furthest seem hard to condemn in light of the practical stakes." Detractors of judicial activism charge that it usurps the power of the elected branches of government and of legislatively created agencies, damaging the rule of law and democracy. Advocates of minimalist definitions of democracy focus on electoral accountability as source of political legitimacy , while maximalist definitions of democracy, include additional values typically enshrined in
869-652: A letter from two professors at the University of Delhi ; it requested the enforcement of the constitutional right of inmates at a protective home in Agra who lived in inhuman and degrading conditions. In Miss Veena Sethi v. State of Bihar , 1982 (2) SCC 583 : 1982 SCC (Cri) 511 : AIR 1983 SC 339, the court treated a letter addressed to a judge of the court by the Free Legal Aid Committee in Hazaribagh , Bihar as
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#1732856150427948-573: A long history of judicial activism that would be all but unimaginable in the United States. In recent years, judges required Delhi's auto-rickshaws to convert to natural gas to help cut down on pollution, closed much of the country's iron-ore-mining industry to cut down on corruption and ruled that politicians facing criminal charges could not seek re-election. Indeed, India's Supreme Court and Parliament have openly battled for decades, with Parliament passing multiple constitutional amendments to respond to various Supreme Court rulings. All such rulings carry
1027-694: A person who clearly understands the role of a judge is to interpret the law, not to legislate from the bench. To paraphrase 4th president of the United States James Madison Jr (hailed as the Father of the Constitution for his role in drafting the Constitution of the United States and the Bill of Rights ) the courts exist to exercise not the will of men, but the judgment of law. My judicial nominees will know
1106-436: A petition drafted by Amar Singh was vague, not in conformance with the rules of procedure, and contained inconsistencies; the court did not explore his primary grievance (infringement of privacy). A positive outcome of the case was the court's request that the government “frame certain statutory guidelines to prevent interception of telephone conversation on unauthorised requests”. In this case, Reliance Communications acted upon
1185-434: A preferred interpretation of the constitution. Others have been less confident of the term's meaning, finding it instead to be little more than a rhetorical shorthand. Kermit Roosevelt III has argued that "in practice 'activist' turns out to be little more than a rhetorically charged shorthand for decisions the speaker disagrees with". Roosevelt defines judicial activism as "an approach to the exercise of judicial review, or
1264-586: A private factory in Mumbai which is causing pollution then public interest litigation can be filed against government of Mumbai, state pollution central board including that private factory of Mumbai. The court must be satisfied that the Writ petition fulfills some basic needs for PIL as the letter is addressed by the aggrieved person, public spirited individual and a social action group for the enforcement of legal or Constitutional rights to any person who are not able to approach
1343-469: A senior Pakistani politician who migrated from India in 1947 also strongly advocated peace between the two neighboring countries. He had started a tradition of candle vigil since 1995 at Indo-Pak Wagah Border during midnight of 14–15 August for India-Pakistan Peace through celebration of Independence Day and remembering people of both sides. In later years of his life, he could not participate in this due to his old age but inspired many young folks to continue
1422-483: A wide range of matters, from legal and juridical philosophy to morals and ethics. This implies a tension between granting flexibility (to enable the dispensing of justice) and placing bounds on that flexibility (to hold judges to ruling from legal grounds rather than extralegal ones). Critical legal studies argues that political argument and legal argument cannot be entirely separated. Sentiments include: "The courts have gradually abandoned their proper role of policing
1501-523: Is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: not only did he fail to explain what counts as activism, he also declined to say whether activism is good or bad." Even before this phrase was first used, the general concept already existed. For example, Thomas Jefferson referred to the "despotic behaviour" of Federalist federal judges, in particular Chief Justice John Marshall . Black's Law Dictionary defines judicial activism as
1580-402: Is dedicated to opposing judicial activism by British judges. Kuldip Nayar Kuldip Nayar (14 August 1923 – 23 August 2018) was an Indian journalist , syndicated columnist , human rights activist, author and former High Commissioner of India to the United Kingdom noted for his long career as a left-wing political commentator. He was also nominated as a member of the upper house of
1659-469: Is greatly established throughout the UK as the courts are becoming more prone to scrutinise at their own will, and at times, reject government legislation that they deem to be not within balance to the UK constitution and becoming more visible doing so. Obviously since the United Kingdom's judiciary powers do not come from electoral methods, they differ in strengths, weaknesses, opportunities, and threats compared to
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#17328561504271738-588: Is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. Other scholars have proposed that judicial activism is most appropriate when it restrains the tendency of democratic majorities to act out of passion and prejudice rather than after reasoned deliberation. Richard H. Fallon Jr. quotes Justice Holmes "great cases... make bad law." in their explanation on presidential overreach. "Presidents frequently interpret their own powers without judicial review and where executive precedents play
1817-513: The Auto rickshaw to CNG, a move believed to have reduced Delhi's erstwhile acute smog problem (it is now argued to be back) and contrasted with that of Beijing. The Israeli approach to judicial activism has transformed significantly in the three decades since the 1992 Constitutional Revolution led by Aharon Barak , and, as of 2022, presents an especially broad version of robust judicial review and intervention. Additionally, taking into consideration
1896-557: The Calcutta High Court . The author, who claimed he was never officially notified by the court, republished the book online with German NGO Asia House . PILs have failed to provide justice to the poor and needy in whose name it was initiated. In a path breaking report published in 2005, it was opined that PILs instead of helping the poor are adversely affecting their homes and livelihoods. It has in effect become an industry. The Report demanded an independent study to be conducted on
1975-668: The Indian Parliament in 1997. Nayar was born at Sialkot , Punjab , British India on 14 August 1923, in a Punjabi Sikh family. He was educated at Murray College . He completed his B.A. (Hons.) from the Forman Christian College Lahore and LL.B. from the Law College Lahore . In 1952, he studied journalism from the Medill School of Journalism , Northwestern University on a scholarship. Nayar
2054-711: The Lisbon Treaty in Ireland, the Irish Government received concessions from the rest of the member states of the European Union to make written guarantees that the EU will under no circumstances interfere with Irish abortion, taxation or military neutrality. Ireland voted on the Lisbon Treaty a second time in 2009, with a 67.13% majority voting Yes to the treaty. India has a recent history of judicial activism, originating after
2133-505: The Miller case consisting of the 2016 Conservative government. The perceptions of judicial activism derived from the number of applications for judicial review made to the courts, which led to R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland in 2019, joint landmark constitutional law cases on the limits of the power of royal prerogative to prorogue the Parliament of
2212-721: The grassroots level, PIL cases dealing with major environmental grievances in the Kolkata urban agglomeration did not tackle underlying problems (such as inadequate town planning). Dembowsk wrote about it in his book, Taking the State to Supreme Court - Public Interest Litigation and the Public Sphere in Metropolitan India which was originally published by Oxford University Press in 2001. The publisher, however, discontinued distribution because of contempt of court proceedings initiated by
2291-694: The Conservative government to ratify the Maastricht Treaty (a legislation that self described as "a new stage in the process of European integration"), which eventually had formed into the European Union and initiated the Eurodollar . This was rejected by the Divisional Court and attracted large amounts of media attention to this case. Through these components it is largely evident that judicial activism should not be exaggerated. Ultimately, judicial activism
2370-532: The Constitution and the State Ministry of the Government of India (the current home). The decision will be final, the former princely states made a single list and made entire public properties their own. Bhajpa Congress governments kept silence. Public interest litigation is presented in this regard. See detail HIGHCORT site and attached writ petition. D B Civil Writ (P) 10655/15 Writ Petition was submitted regarding
2449-531: The Court to interpret them in different ways. When EU treaties are negotiated, it is difficult to get all governments to agree on a clear set of laws. In order to get a compromise, governments agree to leave a decision on an issue to the Court. The Court can only practice judicial activism to the extent the EU Governments leave room for interpretation in the treaties . The Court makes important rulings that set
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2528-549: The Emergency in India which saw attempts by the Government to control the judiciary. Public Interest Litigation was thus an instrument devised by the courts to reach out directly to the public, and take cognizance though the litigant may not be the victim. "Suo motu" cognizance allows the courts to take up such cases on its own. The trend has been supported as well as criticized. New York Times writer Gardiner Harris sums this up as India's judges have sweeping powers and
2607-593: The Independence days of Pakistan and India (14/15 August) at the Attari-Wagah India-Pakistan border near Amritsar. He was a close friend of another Pakistani politician ch. Jaleel Ahmed Khan (Ex-MNA) who arranged the launch of Nayar's book (Beyond the lines : An Autobiography) in Avari hotel Lahore in 2013. Both of them participated in various peace enhancing events in both countries as ch. Jaleel Ahmed Khan
2686-656: The Supreme Courts. The judgement of the case recognized sexual harassment as a violation of the fundamental constitutional rights of Articles 14 , 15, and 21 . The guidelines also directed for sexual harassment prevention. The court shut down numerous industries and allowed them to reopen only after controlled pollution disposal in the Ganga basin. A controversial study by social scientist Hans Dembowski concluded that PILs had been successful in making official authorities accountable to NGOs. While Dembowski also found some effect at
2765-507: The United Kingdom. This can be seen throughout the 1980s, where there were about 500 applications within a year. This number dramatically increased as by 2013, there were 15,594 applications. This trend has become more frequent as time passes along, possibly pointing to a greater influence in the UK courts against the government. Along with the number of applications submitted to the courts, in some instances it has attracted media attention. For instance, in 1993, William Rees-Mogg had challenged
2844-638: The United States. Former Chief Justice of the Supreme Court of Canada Beverley McLachlin has stated that: In the Cassis de Dijon Case , the European Court of Justice ruled the German laws prohibiting sales of liquors with alcohol percentages between 15% and 25% conflicted with EU laws . This ruling confirmed that EU law has primacy over member-state law . When the treaties are unclear, they leave room for
2923-401: The accused with little information about Reddy himself. Public interest litigation gives a wider description to the right to equality, life and personality, which is guaranteed under part III of the Constitution of India. It also functions as an effective instrument for changes in the society or social welfare. Through public interest litigation, any public or person can seek remedy on behalf of
3002-403: The age of 60 and his younger brother sent invitations to celebrate his 60th birthday and Pai found evidence after photographing his original birth register which showed his real age which was 64. Ramachandra Iyer resigned on a request from the then Chief Justice of India P. B. Gajendragadkar as the case would damage the judiciary and he had resigned before the case came up for hearing this led
3081-517: The agenda for further EU integration , but it cannot happen without the consensual support of the member-states . In the Irish referendum on the Lisbon Treaty many issues not directly related to the treaty, such as abortion were included in the debate because of worries that the Lisbon Treaty will enable the European Court of Justice to make activist rulings in these areas. After the rejection of
3160-428: The agreement provides that immovable properties of former princely states which were public properties of the princely state on August 15, 1947, will be transferred to the state. In this way, two lists were to be made, if there is a dispute over the property of the transferring property to a new state and the personal property of the other princely states, then the Court will not have the right of trial under Article 363 of
3239-590: The case may bring matters of public interest to the court. It is the court's privilege to entertain the application for the PIL. One of the earliest public interest litigation was filed by G. Vasantha Pai who filed a case in the Madras High Court against the then sitting Chief Justice of the Madras High court S. Ramachandra Iyer after it was found the judge had forged his date of birth to avoid compulsory retirement at
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3318-503: The case to be dismissed as he had resigned. In December 1979, Kapila Hingorani filed a petition in regards to the condition of the prisoners detained in the Bihar jail, whose suits were pending in court. The petition was signed by prisoners of the Bihar jail and the case was filed in the Supreme Court of India before the bench headed by Justice P. N. Bhagwati . The petition was filed under
3397-418: The constitutions. Parliamentary sovereignty views legislative bodies as supreme over judiciary . Constitutionalism views the constitution as supreme. The following rulings have been characterized as judicial activism. Some US Presidents have also commented on the idea. When President George W. Bush announced his first nominations for the federal bench, he declared: Every judge I appoint will be
3476-434: The court for redress. Any citizen can file a public case by filing a petition: The case fought against sexual harassment in the workplace and was filed by Bhanwari Devi, who, after trying to stop the marriage of a one-year-old girl in rural Rajasthan, was raped by five men. She faced numerous problems when she (Devi) attempted to seek justice. Naina Kapoor decided to initiate a PIL to challenge sexual harassment at workplace in
3555-522: The cradle of the agreement reached with Sardar Vallabhbhai Patel and 563 former princely states of the country and 18 princely states of Rajasthan. A bench consisting of Justices G. S. Singhvi and Asok Kumar Ganguly pointed out that laws enacted for achieving the goals set out in the Preamble to the Constitution were inadequate; the benefits of welfare measures embodied in the legislation had not reached millions of poor people, and efforts to bridge
3634-490: The difference. Judges in Canada are given the power to interpret law passed down from the legislature, discretionary power to resolve disputes, and the power to use common law and accepted judicial policy to render judgement . By the principle of separation of powers , a strong tradition in Canada and accepted practice, judges should respect the role of the legislature to create law. Judges are also charged to impartially apply
3713-591: The force of Article 39A of the Constitution of India , although before and during the Emergency the judiciary desisted from "wide and elastic" interpretations, termed Austinian , because Directive Principles of State Policy are non-justiciable. This despite the constitutional provisions for judicial review and B R Ambedkar arguing in the Constituent Assembly Debates that "judicial review, particularly writ jurisdiction, could provide quick relief against abridgment of Fundamental Rights and ought to be at
3792-469: The gap between rich and poor did not yield the desired results. Singhvi wrote, in a case concerning sewage workers: “The most unfortunate part of the scenario is that whenever one of the three constituents of the state i.e., the judiciary issues directions for ensuring that the right to equality, life, and liberty no longer remains illusory for those who suffer from the handicap of poverty, illiteracy and ignorance, and directions are given for implementation of
3871-698: The heart of the Constitution." Fundamental Rights as enshrined in the Constitution have been subjected to wide review, and have now been said to encompass a right to privacy , right to livelihood and right to education, among others. The 'basic structure' of the Constitution has been mandated by the Supreme Court not to be alterable, notwithstanding the powers of the Legislature under Article 368 . This doctrine has been recognized by several countries like Bangladesh , Pakistan and Malaysia as part of their jurisprudence . Other countries such as Singapore , Belize and Uganda has heard important cases regarding
3950-415: The impact of PILs. PIL Dravyavati River by Committee for Protection of Public Properties Earlier, the princely state of Jaipur used to get water from this river by making a canal, later this river turned into a dirty drain. There are more than 160 tubewells around it. Those who are giving water to the city. There have been infections in many tube wells. The State Human Rights Commission took cognizance of
4029-558: The intensity of public life in Israel and the challenges that the country faces (including security threats), the case law of the Israeli Supreme Court touches on diverse and controversial public matters. British courts were largely deferential towards their attitudes against the government before the 1960s. Since then, judicial activism has been well established throughout the UK. One of the first cases for this activism to be present
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#17328561504274108-455: The interpretation uncertainties in the law. According to law professor Brian Z. Tamanaha, "Throughout the so-called formalist age, it turns out, many prominent judges and jurists acknowledged that there were gaps and uncertainties in the law and that judges must sometimes make choices." Under this view, any judge's use of judicial discretion will necessarily be shaped by that judge's personal and professional experience and his or her views on
4187-545: The law as it is written. Canada has a legal system that is derived from the British system of common law (and the French system in the province of Quebec ). Canadian Courts have a structure that relies more heavily on the discretion of its judges, policy and common law to create a workable body of law. Thus Canada's legal system may have more potential for conflicts with regards to the accusation of judicial activism, as compared to
4266-426: The laws enacted by the legislature for the benefit of the have-nots, a theoretical debate is started by raising the bogey of judicial activism or overreach”. The bench clarified that it was necessary to erase the impression on some that the superior courts, by entertaining PIL petitions for the poor who could not seek protection of their rights, exceeded the unwritten boundaries of their jurisdiction. The judges said it
4345-652: The movement of Anna Hazare and chided the Pakistan Government for not apologising for the army atrocities in East Pakistan in 1971 that led to the formation of Bangladesh , and for allowing drugs to be smuggled into India. Nayar has been accused of supporting "anti-Indian conspiracy theories". In a February 2010 article in Pakistani newspaper Dawn , he alleged that the Indian anti-terrorism squad leader Hemant Karkare
4424-425: The name of a prisoner, Hussainara Khatoon, and the case was therefore named Hussainara Khatoon Vs State of Bihar . The Supreme Court decided that prisoners should receive free legal aid and fast hearings. As a result, 40,000 prisoners were released from jail. Thereafter many similar cases have been registered in the Supreme Court. It was in the case of SP Gupta vs Union of India that the Supreme Court of India defined
4503-560: The oppressed class by introducing a PIL. The PIL concept deviates from the traditional adversarial justice system that is followed in the common law countries (past colonies of the UK), and this construct is in fact inquisitorial in nature which permits the judges to directly participate in the investigation of the case. A PIL may be filed against state government, central government, municipal authority. Also, private person may be included in PIL as ‘Respondent’, after concerned of state authority. i.e.
4582-448: The people and devised a means for any person of the public (or NGO ) approaching the court to seek legal remedy in cases where public interest is at stake. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in court. Filing a PIL is not as cumbersome as a usual legal case; there have been instances when letters and telegrams addressed to the court have been heard as PILs. The Supreme Court entertained
4661-527: The river and did not allow the original width of the river to be restored. The current width is 210 feet. Later Tata projects worked on the rejuvenation of Dravyavati river projects with the Jaipur Development Authority. Rapid urbanisation in the last 3-4 decades, coupled with rampant encroachments in the river area and its catchment areas and the dumping of sewage, industrial waste water, and solid waste, converted this once pristine flowing river to
4740-489: The services of a retired Indian Police Service (IPS) officer employed by the Tirumala Venkateswara Temple . The high court’s decision concerned a public-interest petition filed by S. Mangati Gopal Reddy, who alleged in court that the former IPS officer was involved in the loss of “300 gold dollars” from the temple and should not continue in office. The Supreme Court found that the high court decided against
4819-496: The specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation , statutory interpretation , and separation of powers . Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism,"
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#17328561504274898-409: The structural limits on government and neutrally interpreting the laws and constitutional provisions without personal bias." Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism , i.e., there should be an increase in the powers of a branch of government that
4977-450: The term "public interest litigation" in the Indian context. The concept of public interest litigation (PIL) is suited to the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. Before the 1980s, only the aggrieved party could approach the courts for justice. After the emergency era the high court reached out to
5056-400: The term 'judicial activism' to explain decisions that they don't like." Supreme Court Justice Anthony Kennedy said that, "An activist court is a court that makes a decision you don't like." Defenders of judicial activism say that in many cases it is a legitimate form of judicial review and that the interpretation of the law must change with changing times. Sunset provisions can limit
5135-500: The tradition. Ten days before his death, he had flagged off 'Aman-Dosti Yatra' which was a 40-member delegation of Aaghaz-e-Dosti that marched from Delhi to Wagah Border under leadership of Aaghaz-e-Dosti founder Ravi Nitesh and Gandhi Global family's secretary Ram Mohan Rai for lighting candles for Indo-Pak Peace and thus continued his legacy. This was his last public presence. As a political commentator, Nayar wrote his views freely on most politically current issues. He had supported
5214-430: The traditional rule of locus standi . Before 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in
5293-420: The transition to water in the year 2001. A citizens committee became a party to the case and decided that the river should be brought in its original form. Expert committee was formed. In 2007, when no action was ruled on the case, the PIL of the river was presented. Many constructions were broken and currently the river is 48 km long. Influential people bought land at the cost of Kodis from poor accountants in
5372-606: The ultimate intention of increasing the demand of cast and ductile iron products as they are some of the suitable substitute for asbestos. Thus it was litigation initiated with ulterior motive of causing industrial imbalance and financial loss to the industry of asbestos through the process of court”. The court stated that it was its duty in such circumstances to punish the petitioners under the Contempt of Courts Act; it must “ensure that such unscrupulous and undesirable public interest litigation be not instituted in courts of law so as to waste
5451-544: The upper house of Indian Parliament , Rajya Sabha in August 1997. He wrote syndicated columns and op-eds that were published in over 80 newspapers in 14 languages including the Deccan Herald (Bengaluru), The Daily Star , The Sunday Guardian , The News , The Statesman , The Express Tribune , Dawn , and PrabhaSakshi . Every year since 2000, Nayar had been leading peace activists to light candles on
5530-513: The use of this doctrine in their own countries. The modern trend of judicial activism began in 1973 when the Allahabad High Court rejected the candidature of Indira Gandhi in State of Uttar Pradesh v. Raj Narain . The introduction of public interest litigation by Justice V. R. Krishna Iyer further expanded its scope. Recent examples quoted include the order to Delhi Government to convert
5609-534: The valuable time of the courts as well as preserve the faith of the public in the justice delivery system”. “By now it ought to be plain and obvious that this Court does not approve of an approach that would encourage petitions filed for achieving oblique motives on the basis of wild and reckless allegations made by individuals, i.e., busybodies', a bench of Justices B. Sudershan Reddy and S. S. Nijjar observed in their judgment. The bench overturned an April 2010 Andhra Pradesh High Court decision which set aside
5688-714: Was initially an Urdu press reporter. He was editor of the Delhi edition of the English newspaper The Statesman and was arrested towards the end of the Indian Emergency (1975–77) . In 1978 he founded the Editors Guild of India . He was also a human rights activist and a peace activist . He was a member of India's delegation to the United Nations in 1996. He was appointed High Commissioner to Great Britain in 1990 and nominated to
5767-549: Was known for his vision of a new South Asia, in which Pakistan and India would be on friendly terms. Nayar's autobiography is entitled Beyond the Lines . The book was released in July 2012. In 1999, he was awarded an Alumni Merit Award by Northwestern University. He was married and had two sons, and several grandchildren. Nayar died in Delhi at 12:30 am on 23 August 2018. His funeral took place on 24 August 2018 at Lodhi Crematorium and
5846-448: Was murdered by Hindu right-wing activists. In July 2011 US authorities confirmed that Nayar attended many events in United States hosted by and supported by Syed Ghulam Nabi Fai , which had been funded by Pakistan ISI. Kuldip Nayar has written widely about current issues and historic persons, including Jawaharlal Nehru and Barry Manilow . Nayar has advocated a policy of bilateral talks and engagement with India's neighbour Pakistan. He
5925-468: Was the Conway v Rimmer (1968); a Public-interest immunity , previously known as Crown privilege. Previously, a claim like this would be defined as definitive, but the judges had slowly begun to adopt more of an activist line approach. This had become more prominent in which government actions were overturned by the courts. This can inevitably lead to clashes between the courts against the government as shown in
6004-520: Was the duty of the judiciary to protect the rights of every citizen and ensure that all lived with dignity. Such cases may be filed for public interest when victims lack the capability to commence litigation or their freedom to petition the court has been blocked. The court may proceed sua sponte , or cases can proceed on the petition of an individual or group. Courts may also proceed on the basis of letters written to them or newspaper reports. The Centre for Law and Policy Research, Bangalore (CLPR) hosts
6083-426: Was then submitted to the Supreme Court. The plea was dismissed, and the plaintiff was assessed a fine of ₹ 100,000. The judgment read: “The petition lacks bona fide and in fact was instituted at the behest of a rival industrial group, which was interested in banning of [ sic ] the activity of mining and manufacturing of asbestos. A definite attempt was made by it to secure a ban on these activities with
6162-493: Was treated as a petition under Article 32 of the Constitution of India . PIL is a rule of law declared by the courts of record. However, the person (or entity) filing the petition must prove to the satisfaction of the court that the petition serves the public interest and is not as a frivolous lawsuit brought for monetary gain. The 38th Chief Justice of India, S. H. Kapadia , has stated that substantial "fines" would be imposed on litigants filing frivolous PILs. His statement
6241-544: Was widely praised because the incidence of frivolous PILs for monetary interest were on the rise. A bench of the high court had also expressed concern over the misuse of PILs. The bench issued a set of guidelines it wanted all courts in the country to observe when entertaining PILs. In a September 2008 speech, Prime Minister Manmohan Singh expressed concern over the misuse of PILs: “Many would argue that like in so many things in public life, in PILs too we may have gone too far. Perhaps
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