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Friday June 27th
. Free Coaching Centre For Muslim IIT Aspirants To Open In Patna For Preparation of IIT JEE (0 comments)
. Modi Urge Nitish To For A Chapter On Lt Jaya Prakash Narayan During The Emergency Period In Books (0 comments)
. Bihar Seeks Special Fund For Widening And Strengthening Of Roads In Naxal Affected Areas of Bihar (0 comments)
. All Six Medical Colleges Of Bihar,Include The Patna Medical College And Hospital Face De-Recognition (0 comments)
. Bharatiya Janata Party (BJP) Rajiv Pratap Rudy Wins Rajya Sabha By-Poll From Bihar (0 comments)
. Kerala Governor Raghunandan Lal Bhatia Is The New Governor of Bihar (0 comments)
. Lalu Inaugurated A New Rail Line On a 17.5-km Stretch Between Phulwaria, Gopal Ganj (0 comments)

Thursday June 26th
. Officials Press For Wider Highways,Proposed 4-Lane Project of NH- 33 Connecting Barhi With Bahragora (0 comments)
. Bihar Govt Mukhamantri Cycle Yojna Its Way Into Religious Controversy (0 comments)
. National Institute of Technology (NIT) Patna Urged To Introduce Course On Hydel Power (0 comments)

Wednesday June 25th
. Address May Soon Be A 6-Digit Number,Postal Deptt Is Working On 'PinPlus' Which Can Access On GPS (0 comments)

Tuesday June 24th
. Falling Re Raises Computer Prices Due To Increased Taxes On Hardware Companies (0 comments)

Monday June 23rd
. Putting Their Services Online Should Allow Govt's To Serve Their Citizens More Effectively (0 comments)
. Four-Star Hotel To Come Up With a 150-200 Room In Ranchi (0 comments)
. Another Effort To Set Up 'Fresh Vegetable' Outlets,BSWDC Launch Fully A/c Outlets In Patna (0 comments)
. Bihar Military Police Builds Hospital For Their Colleagues And The Families (0 comments)
. Aligarh Muslim University (AMU) Campuses to Come In Bihar and Other Four States (0 comments)
. Online land registration possible from next year (0 comments)
. Bihar Does The Impossible, It Gets Better Every Day (0 comments)

Friday June 20th
. Brand Magic: Bihar Laps Up 'Lalu Mango', old Digha mango with a new name (0 comments)
. Govt agrees to shift proposed IIT sitecome up in Amhara, classes to start from August (0 comments)
. Classes to start in new engineering colleges in Madhepura, Nalanda (0 comments)
. Distance Education Council Agrees to Recognize DDE Degree (0 comments)

Wednesday June 18th
. Japanese Experts Meet With State Energy Minister To Setting Up Hydro-Electrical Power Plants (0 comments)
. Modi Seeks Compensation For Bihar Due To Reduction In Excise And Customs Duties On Petro Products (0 comments)
. Super-Specialty Hospital For Eye To Come Up In Patna Soon (0 comments)

Monday June 16th
. Bihar shows smart card way to cleaner rural job scheme (0 comments)
. BJP names 'Rajiv Pratap Rudy' Its Rajya Sabha Candidate From Bihar For The Forthcoming Elections (0 comments)
. Centre To Build Para-Medical Institute On Nalanda Medical College Hospital (NMCH) Campus (0 comments)

Friday June 13th
. Bhartiya Janata Party (BJP) Moots 'Core Group' To Bring Bihar Leaders Closer (0 comments)

Older Stories...

PILs Deconstructed: The Nuts And Bolts Of It All

The judiciary should confine it- self to its proper sphere, realis- ing that in a democracy many matters and controversies are best resolved in a non-judicial setting.  A.K. MATHUR AND MARKANDEY KATJU, Justices, Supreme Court Bench

The Supreme Court's strong observation deprecating the growing tendency in the judiciary to encroach upon territory exclusively reserved for the legislature and the executive has once again stirred a debate over judicial activism and the excessive use of Public Interest jurisdiction by the constitutional courts.

What Is Locus Standl?
In the 1970s, it was difficult to approach the Supreme Court or a High Court for enfbrcement of somebody else's rights, as the courts were very rigid about the question of 'locus standi' of the petitioner Courts would not allow anybody unconnected with the case to approach it. But the scenario began to change in the 1980s with the SC itself relaxing the rule to deliver justice to vulnerable sections of the society, which were not in a position to approach it on their own. The relaxation led to a spate in PILs.

What Is PIL Mechanism?
Ours is the world's largest written Constitution, which guarantees a set ' of fundamental rights. In fact the whole chapter III of the Constitution (Article 12 to Article 35) lists fundamental rights. It also provides mechanism for enforcement of these fundamental and other rights. Under Article 32, a person can directly move the SC for enforcement of his/her fundamental rights. Similarly, he/she can move a HC under Article 226 for enforcement of his/her fundamental rights or statutory rights. The scope of Article 226 is much wider.

How Does It Work?
If there is a heap of garbage in your lo- cality, can you file a PIL in the SC or the HC concerned? Yes. The only thing you have to do is to make out a case of violation of your fimdamental right/s to approach the SC and a case of violation of fundamental or statutory rights to move the HC. It is a violation of your right to life guaranteed under Article 21.

Click on "Full Story" For More...

By sachiv, Section News
Posted on Tue Dec 11, 2007 at 02:57:59 AM EST
What Can The Courts Do?
The courts can issue directions to the authorities concerned (in Delhi MCD or NDMC) to clear the garbage and thereby remove the potential threat to the right to life of citizens.

What Is Separation Of Powers?
French thinker Montesquieu propounded the theory of separation of power in his famous work "The Spirit of Laws" and it has been accepted by most of the modern constitutions including ours. The theory envisages non-interference by the legislature, the executive and the judiciary into the domains reserved for each other.

Where Does The Problem Arise?
Problem arises when instead of directing the authorities concerned to perform their duties, courts start doing it themselves by what is called "judicial enactments" or by inadvertently performing executive functions. There are several instances where the legislature or/and the executive have questioned judiciary's authority to perform flmetions not to be discharged by courts.

Recent Flash Points
Recently there was heated exchange between an SC bench hearing sealing related cases and an Additional Solicitor General after the government took exception to the court extending the sealing drive to unauthorised colonies of Delhi. The government was of the view that the court could look into it only after the colonies were regularised, particularly because the union Cabinet had already taken a decision in principle to regularize 1,500 such colonies.

From: HT, Dec-11-07

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