4 of 100 marks
AIBE 22: Public Interest Litigation
This subject carries 4 marks of the 100-mark paper — a mid-weight subject. Section 45 has 16 questions on it, four times the official count.
What to carry, and where to tab
Bring the Constitution of India, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:
- Constitution, Part III
- Constitution, Part III & Part IV
- Constitution, Part III & Part VI
Provisions that recur
- Art. 32 / Art. 226
- Art. 32
- Art. 21
- Art. 23
- Art. 14, 19, 21
- Art. 21 / Art. 48A
Sample questions
Three of the 16, with full explanations. The first ten are free in the app.
Public Interest Litigation is primarily a relaxation of the rule of:
- Stare decisis
- Res judicata
- Locus standi
- Natural justice
Answer & explanation
Locus standi
PIL allows any public-spirited person to approach the court on behalf of those unable to do so by reason of poverty, disability or socially or economically disadvantaged position.
Which case is regarded as having formally introduced the concept of PIL in India?
- Kesavananda Bharati (1973)
- Maneka Gandhi (1978)
- S.P. Gupta v. Union of India (1981)
- A.K. Gopalan (1950)
Answer & explanation
S.P. Gupta v. Union of India (1981)
Known as the Judges' Transfer case, it expanded standing to any member of the public acting bona fide. Justices P.N. Bhagwati and V.R. Krishna Iyer were the principal architects of the jurisdiction.
Hussainara Khatoon v. State of Bihar (1979) concerned:
- Undertrial prisoners and the right to speedy trial
- Bonded labour
- Custodial torture
- Environmental pollution
Answer & explanation
Undertrial prisoners and the right to speedy trial
Widely regarded as India's first PIL, it led to the release of thousands of undertrials and established speedy trial as part of Article 21.
Practise
Ten questions in Public Interest Litigation free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.
Practise Public Interest Litigation