PRACTICAL TRAINING NOTES

Q.1 Types of Writs?

Ans: The Indian Constitution grants citizens six fundamental rights, covering equality,
freedom, protection against exploitation, and religious and educational rights. Citizens can
seek Constitutional remedies by approaching the Supreme Court if their fundamental rights
are violated. This right can only be suspended by the Supreme Court during a national
emergency.

The Constitution is considered the supreme law, upheld by the Supreme Court through
interpretation and protection. Judicial review, under Articles 32 and 226, empowers the
Supreme Court and High Courts to declare laws void if they contradict the Constitution.

Types of Writs

1. Habeas Corpus

The Writ of Habeas Corpus is issued by the Courts in those cases where a person is illegally
detained. Habeas Corpus means ‘to have the body’ and it is one of the most effective
remedies available to a person detained.

By this Writ, the Court commands the person or authority who has detained or restrained
another person to present such person before the Court. The Court requires the detaining
person to provide the grounds on which the person has been detained and if he fails to
provide a valid ground, the person who has been detained will be released by the Court
immediately.

Illustration: A is wrongfully detained by B, a police officer. A write to the High Court

regarding the same. The High Court summons B with A and asks the grounds for detaining A.
If B fails to provide a valid ground or justification for A’s detention, A will be free to go.

Case Law

ADM Jabalpur versus Shivkant Shukla

In this case the justice Khanna held that it is very important for a person to have a personal
liberty and writ of habeas corpus is a process of securing a personal Liberty of an aggrieved
person wrong full or illegal detention.
Mandamus

Mandamus is another important writ which is issued by the higher court to the lower courts to
do an act or to abstain from doing an act and this order can be given to the other inferior
tribunals board and other type of administrative authority, even a supreme court can issue a
Writ of mandamus against the high court as it is issued for enforcing the duty which is
required to be done by law or by the office which a person holds.

For eg: the judge of the court has the duty to follow the principal of natural justice and if the
judge fails to do so a writ can be issued by the higher courts to the lower courts.

Case Law

In the case of Bhopal sugar industries limited versus income tax officer

In this case direction was given to the income tax officer of respondent by income tax
tribunal through its final order but an income tax officer had still refused to carry out the
direction given by the tribunal. It was held by the supreme court that income tax officer has to
full fill the duty mandatory which is given by the tribunal and non-performance of duty will
amount to grave injustice. Thus, the writ of mandamus was issued to direct the officer to
carry out the directions of tribunal.

Certiorari

Certiorari is a writ which is issued by the higher courts to the lower court. if the higher court
wants to decide the matter itself in the case or when the lower courts have crossed
jurisdiction.

Illustration: there is a case in the district court and the court has no power to decide in that
matter but still the district court judge gives his decision in that case.

Prohibition

In this writ higher court prohibits lower courts or tribunal from deciding a case because this
courts do not have the jurisdiction if the court or a tribunal does not have the authority and
still decides the case it will be an invalid judgement.

For eg:- the district court judge is hearing an appeal against the judgement of High court.

Case Law
In the case of S. Govinda versus union of India

Supreme court held that this writ of prohibition is issued against the lower courts or tribunal
to restrict them from issuing orders or taking decision in that case when this authority does
not have the jurisdiction to do this.

Quo Warranto

This writ means by what authority. This writ is issued by the superior court to the lower
courts tribunals government office etc. to prevent the person to occupy a public office and
enjoying certain privileges wrongfully.

Case law

The case of Kumar Padma Padam Prasad versus union of India

This writ was issued against Mr K.N. Srivastava that he is not eligible to hold the post of
High court judge and was not qualified to hold an office since Mr K.N. Srivastava was not
qualified, the writ of warranto was issued and the appointment was quashed.

Therefore Wirt plays a very important role in ensuring the proper functioning of the Legal
System and protection of individual right. They provide remedy to the citizen to challenge
government actions and seek relief from unlawful detention and enforce fundamental rights.
Writs serves as a powerful check on the exercise of power and promote the principles of
Justice, Fairness and accountability.

Q.2 Lok Adalat and its Functions?

Ans: Lok Adalat is a dispute resolution mechanism in India, facilitated by NALSA (National
Legal Services Authority) and other Legal Services Institutions. It operates as a people's
court, providing an alternative and expedited way to settle disputes.

Lok Adalat is an ancient form of dispute resolution in India, based on Gandhian principles. It
serves as an alternative to the regular court system, aiming to provide quick and cost-effective
justice.

Lok Adalat is an ancient form of resolving disputes in India, revived in modern times. The
Supreme Court highlights its importance based on Gandhian principles to address issues with
the current legal system:

Lok Adalat is an old system from ancient India. Its relevance continues today as a solution to
the challenges in the current legal system. It is grounded in principles inspired by Mahatma
Gandhi, and aims to provide justice quickly and inexpensively. As the regular courts face
challenges of backlog, lengthy procedures, and high costs. Lok Adalat offers an alternative
for swift and cost-effective justice. Filing a case in Lok Adalat incurs no court fee, and if a
court-referred case is settled, the original court fee is refunded to the parties.

State Legal Service Authority

The State Legal Services Authority, led by the Member Secretary, sets up Lok Adalat
benches. Each bench includes a High Court judge, a retired judicial officer, and either a legal
professional or a social worker dedicated to helping the weaker sections and involved in legal
services programs. These teams work together for fair and accessible legal resolution.

At High Court level

The High Court Legal Services Committee's Secretary forms Lok Adalat benches. Each
bench has a High Court judge (current or retired) and either a legal professional or a social
worker dedicated to helping the weaker sections and supporting legal services programs.
They collaborate to ensure justice and support for the underprivileged.

District level

At the district level, Lok Adalats are organized by the Secretary of the District Legal Services
Authority. Each bench includes a judicial officer (currently serving or retired) and either a
legal expert, a social worker focusing on helping the weaker sections, and, if needed, a local
para-legal individual, preferably a woman. This diverse team works together to ensure a fair
and inclusive legal process.

Taluka Level

At the taluk (sub-district) level, Lok Adalats are arranged by the Secretary of the Taluk Legal
Services Committee. Each bench includes a judicial officer (currently serving or retired), and
either a legal professional, a social worker focusing on uplifting weaker sections, and, if
necessary, a local para-legal individual, preferably a woman. This diverse team collaborates
to ensure fairness and accessibility in the legal process.

Functions of Lok Adalat

1. Settlement of Disputes:

- The main function is to facilitate the settlement of disputes through negotiation,

conciliation, and compromise.

2. Speedy Justice:

- Lok Adalats aim to provide expeditious resolution, offering a quicker alternative to

traditional court proceedings.

3. Cost-Effective Justice:

- By not charging any fees, Lok Adalats ensure cost-effective access to justice.

4. Reduction of Backlog:

- Lok Adalats contribute to reducing the backlog of cases in traditional courts by resolving
disputes efficiently.

5. Mediation and Conciliation:

- Presiding officers, often retired judges or legal professionals, act as mediators and
facilitators, assisting parties in reaching amicable settlements.

6. No Formal Legal Procedures:

- The proceedings in Lok Adalats are informal, avoiding complex legal procedures and
technicalities, making it more user-friendly.

7. Public Awareness:

- Lok Adalats contribute to legal literacy and public awareness by engaging in various
awareness activities, educating people about their rights and the benefits of alternative
dispute resolution.

8. National and Permanent Lok Adalats:

 - National Lok Adalats are organized periodically across the country, addressing cases on
specific subject matters. Permanent Lok Adalats focus on resolving disputes related to public
utility services.

9. Mobile Lok Adalats:

- Mobile Lok Adalats travel to different locations, especially in rural areas, to enhance
accessibility and resolve disputes effectively.

10. Promotion of Gandhian Principles:

- Lok Adalats uphold Gandhian principles of non-violence, fairness, and equality in the
pursuit of justice.

11. Accessibility:

- Lok Adalats are accessible to people from all economic backgrounds, promoting
inclusivity in the justice delivery system.

Q.3. Evolution of PIL?

Ans:
Public Interest Litigation (PIL) originated in the 1960s in the United States. It was introduced
to offer legal assistance to people who couldn't afford it, especially those from
underprivileged sections of society. PIL aimed not only to provide legal support to the poor
but also to create awareness about social issues. Many countries, with some differences, have
embraced this concept to address public concerns through the legal system.

In India, Public Interest Litigation (PIL) started with the case of Hussainara Khatoon vs. the
State of Bihar in 1979. In this case, a group of lawyers filed a petition on behalf of undertrial
prisoners who had been in jail for more than five years without a trial. The court heard the
case and issued a historic judgment, directing the release of all undertrial prisoners who had
been awaiting trial for an extended period. This decision marked a significant development in
the evolution of PIL in India.
After the Hussainara Khatoon case, PIL became a powerful tool for public interest litigation
in India. PIL opened up new avenues for citizens to directly approach the court for redressal
of their grievances. PIL has been used successfully in India in several cases related to
environmental protection, protection of human rights, women’s rights, and judicial reforms.

The concept of Public Interest Litigation (PIL) in India has undergone a remarkable evolution
since its inception in the mid-20th century. The evolution can be traced through three distinct
phases, each marking a significant shift in the judiciary's approach to addressing issues of
public importance.

First Phase

Liberation of 'Locus Standi': The first phase commenced in the 1960s, marked by a liberal
interpretation of the concept of 'locus standi,' which traditionally required petitioners to have
a direct personal interest in the case.

S.P. Gupta v. Union of India (1982): A landmark decision in this phase was the case of S.P.
Gupta v. Union of India (1982). The Supreme Court, through this judgment, expanded the
scope of 'locus standi' by recognizing 'public interest' as a valid ground for initiating
litigation.

Shift Towards Public Interest: This decision laid the foundation for PIL to emerge as a
powerful tool. It allowed social activists and public-spirited citizens to seek judicial
intervention in matters of public importance beyond the narrow confines of individual rights.

Second Phase

Landmark Cases: The second phase, which unfolded in the 1980s, was marked by landmark
cases that further solidified the role of PIL. These cases addressed critical issues related to
governance, corruption, and human rights.

Third Phase

Broader Approach: The third and current phase of PIL is characterized by an even broader
approach by the judiciary. PIL is now considered a powerful instrument for social activism
and governance.

Diverse Impact: PIL has played a pivotal role in bringing about significant changes in
diverse areas, including education, health, women’s rights, and environmental protection.
Government Accountability: It has become an essential means for citizens to hold the
government and other public authorities accountable for their actions and policies.

Concept of PIL

The concept of Public Interest Litigation (PIL) was introduced in India to make justice
accessible to all citizens, regardless of their socio-economic status. It allows anyone,
regardless of wealth, to bring urgent issues to the courts and seek legal remedies. This means
individuals can approach the courts to protect public interests, even if they don't have a direct
personal stake in the matter.

In a diverse country like India, individual rights are crucial for protecting those belonging to
minority groups or facing discrimination. PIL covers a broad range of issues such as
pollution, public health, human rights, and consumer protection. The main goal is to
safeguard people's rights and address their concerns.

While PIL has positively impacted society, concerns exist about its misuse. Some cases are
viewed as frivolous or driven by personal motives rather than the public good. Additionally,
the rising number of PILs filed can burden the judicial system.

A key objective of PIL is to provide access to justice for the poor who can't afford legal
representation. It has addressed human rights violations, environmental issues, and other
social concerns affecting marginalized groups. PIL empowers citizens to engage with the
legal system and raise awareness about their rights.

The Supreme Court of India has played a crucial role in developing PIL. It expanded its
scope and issued landmark judgments through this mechanism. The court introduced the
concept of 'continuing mandamus,' allowing it to direct the government to take action on an
issue and monitor progress until resolution. This ensures ongoing judicial oversight for
effective problem-solving.

Role of PIL

1. Protection of Fundamental Rights

The Constitution of India guarantees fundamental rights to all citizens, encompassing the
right to equality, the right to life and personal liberty, freedom of speech and expression, the
right to education, and the right to work. Public Interest Litigation (PIL) has emerged as a
powerful tool in upholding these fundamental rights.
A significant illustration of PIL's impact on fundamental rights protection is evident in the
landmark case of People’s Union for Civil Liberties vs. Union of India, also known as the
“Right to Food” case. In response to a newspaper report revealing high rates of malnutrition
among children in Rajasthan, the Supreme Court, acting on its own accord (suo moto), issued
an order. The court directed the government to provide food to the affected children and
implement schemes to eradicate malnutrition.

2. Protection of Environmental Rights

Public Interest Litigation (PIL) has indeed played a crucial role in environmental protection
in India. The Supreme Court has issued landmark judgments in PIL cases, setting important
precedents for safeguarding the environment. Two notable examples are the cases of Vellore
Citizens Welfare Forum vs. Union of India and MC Mehta vs. Union of India.

3. Protection of Women Rights

Public Interest Litigation (PIL) has played a significant role in safeguarding the rights of
women in India. It has been a powerful tool in seeking justice for women facing violence
or discrimination. Notably, the Vishaka Guidelines, aimed at preventing sexual
harassment of women in the workplace, originated from a PIL filed in the Supreme Court.

In various instances, PILs have been instrumental in addressing issues related to women's
rights, including domestic violence, sexual harassment, and discriminatory practices.

Q.4 Locus Standi?

Ans: In simple terms, when someone's fundamental rights are violated in India, they have the
right to approach the Supreme Court under Article 32 of the Constitution. However, there's a
legal concept called "standing" or "locus standi," which means the party must show a direct
connection and harm from the law or action being challenged to participate in the case. If
they can't demonstrate this, the court may dismiss the case without considering the merits.

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to
bring a case before the court on behalf of the public interest, even if they are not directly
affected by the issue at hand. In PIL, the traditional strict rules of locus standi are relaxed.
Courts allow individuals or organizations to file cases in the broader public interest,
especially when addressing violations of fundamental rights, environmental concerns, or
other matters of public importance.

In the context of PIL, the relaxation of locus standi means that a person or group acting in
good faith and with sufficient interest in the public interest aspect of the case can approach
the court. This allows for a more inclusive and flexible approach to access justice, enabling
the legal system to address matters that have significant implications for society as a whole,
even if no direct personal interest is involved.

Article 32 of the Indian Constitution guarantees the right to move the Supreme Court for the
enforcement of fundamental rights. Normally, only the aggrieved party can seek redress
under Article 32. However, in 1981, Justice P. N. Bhagwati introduced the concept of Public
Interest Litigation (PIL). He explained that if a person or a specific group is unable to
approach the court due to poverty, helplessness, or social disadvantage, and they face a legal
wrong or injury, any member of the public can file a petition on their behalf. This allows the
court to address violations of constitutional or legal rights affecting individuals who might
otherwise be unable to seek relief.

In Public Interest Litigation (PIL), the rule of standing (locus standi) has been relaxed.
Anyone acting in good faith with a genuine interest in addressing violations of fundamental
rights or statutory breaches can approach the court. However, this should not be for personal
gain, private profit, political motives, or any ulterior considerations. The focus is on
promoting PILs that aim to address broader societal issues rather than serving individual or
improper purposes.

In the case of Indian Banks’ Association, Bombay and ors v. M/s Devkala Consultancy
Service and Ors., the Supreme Court held that even if a petitioner initially approaches the
court for personal reasons or to address a personal grievance, the court may, in the interest of
justice, treat it as a public interest case. This means that in certain situations, when examining
the state of affairs becomes essential for the public interest, a case initiated for private
interests can be regarded and treated by the court as a matter of public interest.

S.P Gupta v Union of India

A group of lawyers filed a writ petition about the appointment of judges under Article 226 of
the Constitution. Since the lawyers had a genuine interest in the disposition of cases and the
appointment of judges, the petition was granted. In India, this case ushered in a new age of
public interest litigation. PIL is one of the most powerful instruments for enforcing public
duties that were previously carried out unlawfully, causing injury to society.

Q.5 Legal Literacy Camp?

Ans:
The National Legal Services Authority (NALSA) in India is a statutory body that works to
provide free legal services to the marginalized and vulnerable sections of society. Established
under the Legal Services Authorities Act, 1987, NALSA is mandated to ensure justice reaches
all, regardless of social or economic status.

Features of NALSA

Legal Aid and Services:

 NALSA facilitates legal aid and services for individuals who cannot afford legal
representation.

 It extends assistance in civil, criminal, and administrative matters, ensuring access to

justice for all.

Strategic Planning:

 NALSA formulates strategies and policies for the effective implementation of legal
services at the national level.
 It works to improve the efficiency of legal aid mechanisms across the country.

Monitoring and Evaluation:

 NALSA monitors and evaluates the functioning of legal services institutions and
authorities at the state and district levels.
 Regular assessments ensure the delivery of quality legal aid services.

Protecting Rights of Vulnerable Groups:

NALSA specifically focuses on safeguarding the rights of marginalized groups, including

women, children, the elderly, and the economically weaker sections of society.
Specialized Programs:

 NALSA runs specialized programs addressing issues such as legal aid for the
differently-abled, prisoners' rights, and environmental protection.

Collaboration and Partnerships: - NALSA collaborates with NGOs, legal professionals,

and other stakeholders to enhance the reach and impact of legal aid services.

Public Interest Litigation (PIL):

 NALSA can initiate and participate in Public Interest Litigation (PIL) cases in the
Supreme Court or High Courts for the protection of public interest.

 This enables NALSA to address systemic issues affecting large sections of society.

Legal Literacy Camp

NALSA along with other Legal Services Institutions undertakes various awareness activities
in order to make people aware of their rights and about the role, activities and functioning of
the legal services institutions. A variety of tools are used in order to achieve this objective
like conducting seminars, lectures; distribution of pamphlets; participation in Doordarshan
programs, broadcasting jingles, live phone-in programs etc. floating mobile multi-utility vans
for spreading awareness through public interactions; nukkad nataks; short documentaries;
cultural programs by school children on legal issues; various competitions like painting,
essay writing, debates and declamation etc. on legal issues. Specific issues are taken up for
legal literacy programs varying from place to place depending upon the needs of a locality
and its people. Internship programs are organized for law students to promote the role and
importance of legal services activities. Legal Aid Clinics are also being run in law colleges to
further the attainment of objectives of Legal Services. Various legal literacy programs are
organized at school and college levels.

Q.6 Constitutional Provision for protecting rights of Women?

Ans: The judiciary plays a crucial role in the protection of women's rights through various
means. The judiciary interprets and upholds constitutional provisions that guarantee equal
rights to women. Fundamental rights enshrined in the constitution, such as equality (Article
14), non-discrimination (Article 15), and right to life and personal liberty (Article 21), are
often invoked to protect women's rights. Courts interpret and ensure the effective
implementation of laws related to women's rights. This includes laws on domestic violence,
dowry prohibition, sexual harassment, and others. The judiciary clarifies legal provisions and
ensures their application in cases involving women.

Courts deliver landmark judgments that set precedents for the protection of women's rights.
These judgments contribute to the development of a jurisprudence that reinforces gender
equality and addresses issues such as reproductive rights, workplace discrimination, and
violence against women. The judiciary entertains public interest litigations related to women's
rights. PIL allows individuals or groups to approach the court on behalf of those who may not
be able to do for themselves, bringing attention to systemic issues affecting women.

Courts may recommend or direct legislative reforms to address gaps in existing laws and
enhance the legal framework for women's rights protection. This can include changes in
criminal laws, family laws, and labor laws. The judiciary plays a role in preventing and
redressing violence against women. This involves hearing cases related to domestic violence,
sexual assault, and harassment, and ensuring that perpetrators are held accountable. Courts
may actively promote gender sensitization among legal professionals, law enforcement
agencies, and the public. This helps in fostering a more inclusive and aware society.

In some cases, the judiciary engages in judicial activism, taking proactive measures to protect
and promote women's rights even in the absence of specific legal provisions.

Rights of Women

Right to Equality: Women have the right to equal treatment under the law and should not be
discriminated against on the basis of gender. This includes equal opportunities in education,
employment, and participation in public life.

Right to Life and Personal Security: Women have the right to life and physical integrity,
and they should be protected against violence, abuse, and harmful practices such as domestic
violence, human trafficking, and female genital mutilation.

Right to Education: Women have the right to access quality education on an equal basis
with men. Governments should take steps to eliminate gender-based discrimination in
educational institutions.
Right to Health: Women have the right to access healthcare services, including reproductive
healthcare, family planning, and maternal care. They also have the right to live in a healthy
environment.

Right to Work and Fair Employment: Women have the right to work in a safe and healthy
environment, receive equal pay for equal work, and be free from discrimination in hiring,
promotion, and working conditions.

Political Rights: Women have the right to participate in political processes, including the
right to vote and stand for election. Governments should work towards ensuring equal
representation of women in political offices.

Right to Property: Women have the right to own, inherit, and manage property. Laws should
ensure that women have equal rights with men in property matters.

Constitutional Provision

1. Article 14 – Equality before the law

2. Article 15 – Prohibition of Discrimination
3. Article 16 – Equal opportunity in public employment
4. Article 21 – Security of life and personal liberty
5. Article 39 – Equal Justice and Free Legal Aid.

Q.7 Constitutional Provision for protecting rights of Prisoners?

Ans: During British rule and the freedom struggle, prisoners in India had no recognized
rights. The Indian freedom movement played a crucial role in recognizing certain rights for
prisoners. After independence, the Constitution granted fundamental rights to citizens, and
prisoners also have human rights. Committing a crime doesn't strip a person of their humanity
or fundamental rights, even though those rights may be limited during imprisonment.

Article 21 of the Constitution ensures the right to life and personal liberty, protecting
individuals from inhuman or degrading treatment, including prisoners. Any violation of this
right is addressed by Article 14, which guarantees the right to equality and equal protection
under the law. When the administration of justice in prisons becomes a form of torture or a
violation of human rights, judicial intervention becomes necessary to uphold constitutional
principles.
In recent times, especially the Supreme Court in India, has been actively addressing
violations of prisoners' human rights. The judiciary has expressed strong disapproval of
practices like the use of force and deaths in police custody, considering them serious
violations of human rights and the constitutional guarantee of the right to life and liberty.

The Supreme Court of India and the High Courts have developed a legal framework for
prisoners' rights by interpreting various articles of the Constitution, including Article 14, 19,
21, 22, 32, 37, and 39A. In a notable case, Charles Shobhraj v. Superintendent, the
Supreme Court emphasized that prisoners are also human beings. This legal framework aims
to address human rights issues related to prisoners, such as torture, disappearance of suspects,
and prolonged detention without trial. The paper discusses key judgments by the Supreme
Court that illustrate the role of the Indian judiciary in safeguarding prisoners' rights.

Judicial Activism

The Supreme Court of India has consistently emphasized that prisoners have fundamental
rights, even if not explicitly mentioned. These rights include legal aid, a speedy trial, the right
to meet friends, relatives, and lawyers, protection from inhumane treatment, the right to travel
abroad, the right to live with human dignity, and the right to livelihood. The court has
broadened the scope of Article 21 of the Constitution to protect prisoners' fundamental rights
and promote reforms in the prison system.

The Supreme Court of India has been actively safeguarding the human rights of prisoners,
particularly through Article 21 of the Constitution, which protects the right to life and
personal liberty. The court has interpreted this provision liberally, emphasizing that it
encompasses various rights and procedures. Unlike a previous narrow interpretation, the
court now recognizes that fundamental rights, including personal liberty, are interconnected
and form an integrated scheme in the Constitution. The court has emphasized that any
procedure leading to the deprivation of personal liberty must be fair, just, and reasonable.

Rights of Prisoners

Right to Free Legal Aid

The Right to Free Legal Aid ensures that everyone, especially those who cannot afford legal
services due to poverty, receives assistance in legal matters. While the Indian Constitution
doesn't explicitly mention this right, the judiciary, in cases like M.H. Hoskot v. State of
Maharashtra, has established that providing free legal aid to an accused who cannot afford it
is essential for fair and just procedures under Article 21 of the Constitution.

Right to Speedy Trail

The right to a speedy trial is a fundamental human right recognized universally. In the case of
A. R. Antulay v. R. S. Nayak, the Supreme Court clarified that this right, derived from
Article 21 of the Constitution, applies at all stages of legal proceedings, including
investigation, inquiry, trial, appeal, revision, and retrial. Speedy trial is considered an
essential part of the right to life and liberty, and any accused person denied this right can
approach the Supreme Court to enforce it.

Right against Hand Cuffing

The Supreme Court ruled against the routine practice of using handcuffs and fetters on
prisoners. The court found this practice to violate basic human dignity, which is a crucial part
of India's constitutional principles, including equality before the law (Article 14),
fundamental freedoms (Article 19), and the right to life and personal liberty (Article 21). The
court strongly criticized the use of handcuffs, stating that it goes beyond merely humiliating a
person; it dehumanizes and violates their personhood.

Right against Inhumane Treatment

Human rights are closely tied to human dignity. The Supreme Court of India has taken
serious notice of inhuman treatment towards prisoners in various cases and has given
directions to protect prisoners' rights. The Court has interpreted the right against torture as
part of Articles 14 and 19 of the Constitution. The Court emphasized that any treatment
violating human dignity and causing avoidable torture is arbitrary and can be challenged
under Article 14. In the D.K. Basu case, the Supreme Court focused on the issue of custodial
torture, terming it a blatant violation of human dignity. The Court issued specific directions to
eliminate this practice for better protection of human rights. The Court emphasized that state
actions must be right, just, and fair, and using torture to extract confessions is neither right
nor just nor fair.

Right against Solitary Confinement

The Supreme Court strongly opposes the use of bar fetters (restraints) on prisoners,
emphasizing that such treatment reduces a person to an animal and is cruel and unusual. The
courts consistently view solitary confinement as degrading and dehumanizing, allowing it
only in exceptional cases involving dangerous individuals who must be segregated from other
prisoners. In the Sunil Batra case, the Supreme Court assessed the validity of solitary
confinement, maintaining a stance against practices that go against the spirit of the Indian
Constitution.

Right to Interview with Friends. Lawyers, Relatives

Prisoners have rights not only to protect them from physical harm but also from mental
distress. The Right to Life and Personal Liberty under Article 21 of the Constitution goes
beyond mere survival; it includes the right to have contact with family and friends. Article
22(1) of the Constitution ensures that arrested persons have the right to consult and be
defended by a legal practitioner of their choice. This right is also supported by the Directive
Principles of State Policy (Article 39A) and Section 304 of the Code of Criminal Procedure.

Q.8 Constitutional Provision for protecting rights of Labourers?

Ans: Labour law focuses on the relationship between workers, trade unions, and the
government. It protects the rights of workers, their wages, and establishes standards for labor
practices. It ensures a peaceful relationship between workers and employers. Employment
law specifically deals with the relationship between an employer and an employee, covering
workplace conditions, working hours, and wages. Both labour law and employment standards
law are related to workers and their working conditions.

The judiciary plays a crucial role in protecting the rights of laborers through the interpretation
and enforcement of labor laws. Here are some key aspects of the judiciary's role in
safeguarding the rights of laborers: The judiciary interprets and clarifies the provisions of
labor laws to ensure that they are applied correctly. This includes determining the rights and
responsibilities of both employers and employees. Courts ensure that employment contracts
are fair, legally binding, and adhere to relevant labor laws. They address disputes related to
wages, working hours, and other terms of employment.

When conflicts arise between employers and employees or among workers, the judiciary
provides a forum for resolution. Labor courts or industrial tribunals hear cases related to
unfair dismissals, workplace discrimination, and other labor disputes. Courts protect laborers
from exploitation by employers. They ensure that workers are not subjected to forced labor,
child labor, or unfair labor practices. Violations can lead to legal actions and penalties. The
judiciary oversees the enforcement of laws related to occupational safety and health. It
ensures that employers provide a safe working environment and take necessary precautions to
protect workers from hazards.

Courts play a role in upholding the rights of workers

Rights of Laborers

Right to Fair Wages:

 Laborers have the right to receive fair and timely wages for the work they perform.

 Minimum wage laws are established to set a baseline for wages, and employers are
required to comply with these standards.

Right to Safe Working Conditions:

 Laborers have the right to a safe and healthy working environment.

 Employers are obligated to provide proper safety measures, equipment, and training
to protect workers from workplace hazards.

Right to Equal Opportunity:

 Laborers are entitled to equal opportunities in employment, irrespective of factors

such as race, gender, religion, or disability.
 Discrimination in hiring, promotion, or any aspect of employment is prohibited.

Right to Join a Trade Union:

 Laborers can join or form trade unions to collectively bargain for better working
conditions, wages, and benefits.
 The right to engage in collective bargaining and strike action is protected under labor
laws.

Right to Leave and Rest:

 Laborers typically have the right to leave and rest periods during the workday, as
well as annual leave.
 Maternity and paternity leave provisions are often included in labor laws.

Right to Collective Bargaining:

  Laborers have the right to engage in collective bargaining with employers through
trade unions to negotiate terms and conditions of employment.

Right to Overtime Pay:

When laborers work beyond standard working hours, they are entitled to receive overtime
pay or compensatory time off.

Right to Freedom from Forced Labor:

 Laborers have the right to be free from forced labor or any form of bonded labor.
Employers cannot compel workers to work against their will.

Right to Representation:

Laborers have the right to be represented in matters related to their employment,

including disciplinary proceedings or workplace grievances.

Case Law

In Randhir Singh v. Union of India (AIR 1982 SC 879), the Supreme Court stated that
even though the principle of 'equal pay for equal work' is not explicitly mentioned as a
fundamental right in the Indian Constitution, it is considered a constitutional goal. This
means that the idea of equal pay for equal work is supported by constitutional provisions
such as Articles 14, 16, and 39(c). The court held that this right can be enforced when
there are unequal pay scales due to irrational classification. This decision has been used as
a precedent in subsequent cases by the Supreme Court.

Q.9 Functions of District Legal Service Authority?

Ans: In India, legal services exist at three levels i.e.- The center, state and, the district level.
The central government establishes the National Legal Services Authority (NALSA) and the
Supreme Court Legal Services Committee (SCLSC). The State Government establishes the
State Legal Services Authority (SLSA) and the High Court Legal Services Committee
(HCLSC). The State government also establishes the District Legal Services Authority
(DLSA).

All legal authorities have two main types of services:

1. Pre-Litigation Services:
  Focus on preventing legal issues before they become big problems. This
includes legal awareness, camps, advice, and education.

2. Post-Litigation Services:

 Come into play after legal problems have started. This involves providing free
representation in court and assisting with other court-related costs.

DLSA, formed under the Legal Services Authorities Act, 1987, offers free legal aid to help
those who might face challenges due to economic or other reasons. The goal is to ensure that
everyone has a fair chance at justice, regardless of their financial situation or other
difficulties.

Legal Services Authorities are statutory bodies that are formed or constituted in the various
states of India by the Legal Services Authorities Act, 1987. Justice P.N. Bhagwati formed
DLSA under the Legal Aid Committee formed in 1971.

Article 39-A of the Indian Constitution talks about giving free legal services to Indian
citizens. This happens when someone can't afford the cost of legal help. It's a way to ensure
fairness, and it even provides a lawyer for someone who's facing legal issues but may not
have the means to hire one.

In simple terms, Section 2(a) of the Legal Services Authorities Act, 1987 says that when it
uses the term 'district authority,' it means the District Legal Services Authority (DLSA)
formed under Section 9 of the Act. DLSA is like a legal body at the district level, specifically
set up to keep an eye on legal aid programs. The rules about DLSA are explained in Section 9
and Section 10 of the Act.

In every district, there's something called the District Legal Services Authority (DLSA) to
make sure legal aid programs are put into action properly. According to Section 9(1) of the
Legal Services Authorities Act, 1987, the State Government, after talking to the Chief Justice
of the High Court, forms this body in each district. The purpose is to handle specific powers
and duties assigned by this law in that district.

Functions of DLSA

The District Legal Services Authority (DLSA) does several important things:

1. Legal Aid:
  Offers free and good legal aid, like counselling and advising. Also provides
free legal services during court cases.

2. Lok Adalats:

 Holds Lok Adalats regularly to resolve pending cases quickly. These special
courts help in saving costs and time, ensuring fast justice and avoiding legal
complexities.

3. Pre-Litigation Dispute Resolution:

 Handles disputes before they go to court through conciliation mechanisms,

especially for matters related to Public Utility Services.

4. Legal Awareness:

 Educates the public, especially those benefiting from social laws, about legal
issues.

5. Under Trial Prisoners:

 Works to provide free legal aid to prisoners whose cases are ongoing in courts.

6. Legal Literacy:

 Conducts classes in colleges and jails, spreading legal awareness among

women and children who need care and protection.

Q.10 Functions of National Legal Service Authority?

Ans: In India, Article 39A of the Constitution ensures free legal aid for the poor and weaker
sections, aligning with the principles of equality and justice outlined in Articles 14 and 22(1).
The Legal Services Authorities Act of 1987, enacted by Parliament, established a nationwide
network for providing free and competent legal services to the underprivileged. The National
Legal Services Authority (NALSA) was formed to monitor and evaluate legal aid programs
and set policies under this Act.

In 1987, Parliament passed the Legal Services Authorities Act, which became active on
November 9, 1995. This law aims to create a consistent nationwide system for offering free
and capable legal services to the underprivileged. The National Legal Services Authority
(NALSA) was established under this Act to oversee legal aid programs, set policies, and
ensure equal access to legal services.

Supreme Court Legal Services Committee has been constituted to administer and implement
the legal services programme insofar as it relates to the Supreme Court of India.

In India, legal services exist at three levels i.e.- The centre, state and, the district level. The
central government establishes the National Legal Services Authority (NALSA) and the
Supreme Court Legal Services Committee (SCLSC).

The State Government establishes the State Legal Services Authority (SLSA) and the High
Court Legal Services Committee (HCLSC). The State government also establishes the
District Legal Services Authority (DLSA).

Functions of NLSA

1. Setting Rules:

 Create guidelines and principles to make sure the Legal Services Act is
followed properly.

2. Cost-Effective Plans:

 Come up with affordable plans to provide legal help to those who can't afford
it.

3. Funds Allocation:

 Use available funds and distribute them to State and District authorities as
needed.

4. Community Legal Aid:

 Arrange Legal Aid camps in rural and slum areas to offer support where it's
needed.

5. Research Support:

 Support and encourage research in legal aid, especially focusing on helping

the poor.

6. Fulfilling Duties:
  Do everything necessary to meet the fundamental duties outlined in Part IV-A
of the Constitution.

7. Educational Programs:

 Work with the Bar Council of India to create educational programs, especially
in clinical legal education.

8. Legal Awareness:

 Spread legal knowledge and awareness, especially targeting the less privileged
sections of society.

9. Collaboration with NGOs:

 Work closely with voluntary social welfare institutions working at the

grassroots level.

10. Coordination and Monitoring:

 Oversee and guide the functions of various legal bodies to ensure programs are
implemented correctly.

11. Financial Support:

 Provide financial assistance and support for different schemes and social
service institutions.

Q.11 NALSA Judgement?

Ans: Case Brief

This case affirmed the right of the transgender community to identify beyond the traditional
gender binary. It introduced legal protections for the third gender and acknowledged the
violation of their rights under various articles of the Constitution. The court provided
guidelines for the government to ensure the realization of rights for transgender persons,
considering them a marginalized and vulnerable minority.
The court emphasized that recognizing one's gender identity is crucial for human dignity and
is a fundamental aspect of life. It referred to international principles and foreign court cases
supporting this idea. The court highlighted the interconnectedness of the right to privacy and
the right to gender identity, placing a positive obligation on the State to safeguard and
acknowledge these rights.

Facts of the case

In 2012, the National Legal Services Authority (NALSA), representing marginalized

sections, filed a petition in the Supreme Court for the rights of the transgender community.
Another organization, Poojaya Mata Nasib Kaur Ji Women Welfare Society, also filed a
petition for the rights of the Kinnar community (transgender). Additionally, Laxmi Narayan
Tripathy, a Hijra individual, joined as an Intervenor to support the cause of the transgender
community.

Issues

A. Whether non-recognition of the gender identity of the members of the transgender

community led to violation of their rights under Article 14, Article 15, Article 16,
Article 19 and Article 21 of the Constitution.

Arguments

The petitioners argued that every transgender individual should have the legal right to
determine their sexual orientation and gender identity. They pointed out that the lack of
recognition resulted in the deprivation of rights and privileges, leading to discrimination on
various grounds, which violated constitutional articles.

The intervenor supported the idea of recognizing a third gender, citing historical references,
practices in other countries, and international norms. They emphasized that the right to
choose one's gender identity was essential for leading a life with dignity, protected by Article
21 of the Constitution.

The respondents argued that the issues raised by the transgender community were sensitive
human rights matters. They suggested that the Ministry of Social Justice and Empowerment
should address these concerns. An "Expert Committee on Issues Relating to Transgender
Persons" had already been established to examine the matter, and the input from petitioners
and others would be considered in the consultation process.
Judgement

The court recognized transgender persons as a distinct gender and stressed the significance of
gender identity for self-determination, dignity, and freedom. It prioritized psychological
gender over biological gender, rejecting the need for medical procedures for legal gender
recognition. The judgment acknowledged historical discrimination and heard evidence of
ongoing structural discrimination in areas like employment and healthcare.

The court referred to international principles like the Yogyakarta Principles, Universal
Declaration of Human Rights, and International Covenant on Civil and Political Rights to
emphasize protecting transgender rights in the absence of specific domestic laws. The
judgment affirmed that gender identity is protected under the Indian Constitution's Articles 19
(freedom of expression) and 21 (privacy and dignity). It recognized the need to adapt
constitutional provisions to changing social realities and emphasized that discrimination
based on sexual orientation and gender identity violates constitutional articles.

The court instructed the government to acknowledge self-identification by transgender

individuals and provide reservations for their social and educational empowerment.
Additionally, it mandated the establishment of HIV Sero-surveillance Centres, addressing
mental health concerns, promoting public awareness, and enhancing medical care. An Expert
Committee was assigned to implement these recommendations within six months.

Q.12 Landmark Cases of PIL?

Ans: The concept of Public Interest Litigation (PIL) was introduced in India to make justice
accessible to all citizens, regardless of their socio-economic status. It allows anyone,
regardless of wealth, to bring urgent issues to the courts and seek legal remedies. This means
individuals can approach the courts to protect public interests, even if they don't have a direct
personal stake in the matter.

In a diverse country like India, individual rights are crucial for protecting those belonging to
minority groups or facing discrimination. PIL covers a broad range of issues such as
pollution, public health, human rights, and consumer protection. The main goal is to
safeguard people's rights and address their concerns.
While PIL has positively impacted society, concerns exist about its misuse. Some cases are
viewed as frivolous or driven by personal motives rather than the public good. Additionally,
the rising number of PILs filed can burden the judicial system.

A key objective of PIL is to provide access to justice for the poor who can't afford legal
representation. It has addressed human rights violations, environmental issues, and other
social concerns affecting marginalized groups. PIL empowers citizens to engage with the
legal system and raise awareness about their rights.

The Supreme Court of India has played a crucial role in developing PIL. It expanded its
scope and issued landmark judgments through this mechanism. The court introduced the
concept of 'continuing mandamus,' allowing it to direct the government to take action on an
issue and monitor progress until resolution. This ensures ongoing judicial oversight for
effective problem-solving.

Role of PIL

1. Protection of Fundamental Rights

The Constitution of India guarantees fundamental rights to all citizens, encompassing the
right to equality, the right to life and personal liberty, freedom of speech and expression, the
right to education, and the right to work. Public Interest Litigation (PIL) has emerged as a
powerful tool in upholding these fundamental rights.

A significant illustration of PIL's impact on fundamental rights protection is evident in the

landmark case of People’s Union for Civil Liberties vs. Union of India, also known as the
“Right to Food” case. In response to a newspaper report revealing high rates of malnutrition
among children in Rajasthan, the Supreme Court, acting on its own accord (suo moto), issued
an order. The court directed the government to provide food to the affected children and
implement schemes to eradicate malnutrition.

2. Protection of Environmental Rights

Public Interest Litigation (PIL) has indeed played a crucial role in environmental protection
in India. The Supreme Court has issued landmark judgments in PIL cases, setting important
precedents for safeguarding the environment. Two notable examples are the cases of Vellore
Citizens Welfare Forum vs. Union of India and MC Mehta vs. Union of India.

3. Protection of Women Rights

 Public Interest Litigation (PIL) has played a significant role in safeguarding the rights of
women in India. It has been a powerful tool in seeking justice for women facing violence
or discrimination. Notably, the Vishaka Guidelines, aimed at preventing sexual
harassment of women in the workplace, originated from a PIL filed in the Supreme Court.

In various instances, PILs have been instrumental in addressing issues related to women's
rights, including domestic violence, sexual harassment, and discriminatory practices.

Case Laws

1. People’s Union for Civil Liberties vs. Union of India, commonly known as
the “Right to Food” case

The Supreme Court noticed a newspaper report about high malnutrition rates in Rajasthan.
They took action on their own (suo moto) and ordered the government to provide food to
affected children and implement plans to tackle malnutrition. As a result, India launched
programs like the Integrated Child Development Services, successfully reducing
malnutrition. This case shows how PIL can play a crucial role in securing citizens'
fundamental rights

2. Vellore Citizens Welfare Forum case

the Supreme Court passed a judgement directing the closure of several industrial units that
were polluting the environment in the state of Tamil Nadu.

3. Hussainara Khatoon vs. the State of Bihar in 1979.

In this case, a group of lawyers filed a petition on behalf of undertrial prisoners who had been
in jail for more than five years without a trial. The court heard the case and issued a historic
judgment, directing the release of all undertrial prisoners who had been awaiting trial for an
extended period. This decision marked a significant development in the evolution of PIL in
India.

4. S.P. Gupta Vs Union of India

Justice P.N. Bhagwati is often credited as the father of Public Interest Litigation (PIL) in
India. The case of S. P. Gupta v. Union of India (AIR 1982 SC 149) played a pivotal role in
the development of PIL. Justice Bhagwati acknowledged the importance of PIL as a tool for
public-spirited individuals to seek justice for the disadvantaged.
In this case, a PIL was filed regarding the appointment of judges to the higher judiciary by
the Executive. To ensure judicial independence, the Supreme Court ruled that the Judicial
Commission should be responsible for appointing judges. This case highlighted the
significance of PIL in addressing issues that impact society at large, contributing to the
evolution of PIL as an important legal mechanism in India.

5. MC Mehta V. Union Of India

This case was filed in relation to the pollution caused by industries in the river Ganga. The
Supreme Court issued directions for the protection and preservation of the river Ganga,
including the closure of polluting industries.

6. Vishaka V. State Of Rajasthan

This case was filed in relation to the sexual harassment of women at the workplace. The
Supreme Court issued guidelines for the prevention and redressal of sexual harassment at the
workplace.

7. Olga Tellis V. Bombay Municipal Corporation

This case was filed in relation to the eviction of pavement dwellers in Mumbai. The Supreme
Court held that the right to life under Article 21 of the Constitution includes the right to
livelihood and ordered the authorities to provide alternative accommodations to the pavement
dwellers.

8. Bhopal Gas Tragedy Case

The Bhopal disaster, which occurred on December 3, 1984, involved a toxic gas leak from
Union Carbide's chemical plant in Bhopal, causing the death of over 3,500 people and
injuring around 2 lakh people. This incident prompted legal considerations on issues like the
liability of parent companies for subsidiaries' actions, the responsibilities of multinational
corporations in hazardous activities, and the transfer of risky technologies.

In response, the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 was enacted by
the Indian Parliament. The purpose of this act was to facilitate the speedy, effective, and fair
handling of claims arising from the Bhopal disaster, ensuring the best possible outcome for
the claimants. The Bhopal tragedy played a crucial role in influencing legal developments,
especially in defining corporate liability related to the use of hazardous technologies.
Q.13 Paralegal?

Ans: Paralegals are like the support team for lawyers. They work in law offices, helping with
tasks given to them by their bosses, who are the lawyers. Their job involves things like
looking into past cases, investigating, preparing legal documents, and assisting the lawyers.
In many law firms, the senior associates depend on the work done by paralegals.

In legal centres, local community members become paralegals. The organization selects
motivated volunteers from the community, trains them in basic legal matters, and ensures
they have a lasting impact by organizing paralegal training. These trained paralegals are
recognized by legal authorities.

To increase legal knowledge, activities like seminars, camps, and workshops are carried out.
Paralegals need specific skills and knowledge to assist lawyers effectively. This is crucial in a
country like India, where awareness of rights is essential for people to live in harmony with
the principles of democracy and the rule of law.

When people can easily get legal help and understand the basics of the law, they can navigate
legal processes better and seek justice. Paralegals play a crucial role in tasks like
implementing legal changes, such as those in criminal or labor laws. However, there are
limits to what paralegals can do, like providing legal advice, representing clients in court, and
handling cases and fees.

To be a good paralegal, you need excellent research skills, which means being patient.
Communication skills are crucial for talking to clients, and being tolerant is important when
taking instructions from senior colleagues. The goal is to make the judicial system transparent
and straightforward for everyone.

Paralegals need skills in counselling, mediation, and arbitration. They should provide legal
advice, mediate in disputes, and help build relationships and solidarity within communities.
This helps increase participation in paralegal-led programs.

Legal education, according to the Law Commission of India, is about understanding legal
principles and provisions to enter the legal profession. It's not just about producing lawyers
but using legal education as a tool for social improvement and development in modern
societies.
The National Legal Services Authority (NALSA) has set up a code of ethics that paralegal
volunteers must follow. This code outlines standard rules to guide the behavior and work of
paralegals. It is mandatory for each trained paralegal to consistently adhere to and respect the
code of ethics. The purpose is to empower, enable, and facilitate marginalized individuals in
accessing the justice system.

The key principles in the code of ethics include honesty, confidentiality, non-discrimination,
respect for human rights, and not expecting financial benefits from clients.

Functions of Paralegal

Paralegals primarily support attorneys by preparing and organizing documents for meetings
and hearings. They maintain confidentiality and uphold professionalism in law firms.
However, paralegals cannot represent clients in court; they handle subordinate tasks. Key
tasks include:

Paralegals play various roles in a law firm. They:

1. Collect important documents, like evidence or affidavits.

2. Conduct research for cases, either online or through fieldwork.

3. Write research papers or reports for their law firm.

4. Draft pleadings for submission in courts.

5. Prepare documents like sale contracts, property transfer papers, or wills.

6. Interview clients or witnesses.

7. Review legal documents needed for court submissions.

Q.14 Cases in Lok Adalat?

Ans: Lok Adalat is a dispute resolution mechanism in India, facilitated by NALSA (National
Legal Services Authority) and other Legal Services Institutions. It operates as a people's
court, providing an alternative and expedited way to settle disputes.

Lok Adalat is an ancient form of dispute resolution in India, based on Gandhian principles. It
serves as an alternative to the regular court system, aiming to provide quick and cost-effective
justice.
Lok Adalat is an ancient form of resolving disputes in India, revived in modern times. The
Supreme Court highlights its importance based on Gandhian principles to address issues with
the current legal system:

Lok Adalat is an old system from ancient India. Its relevance continues today as a solution to
the challenges in the current legal system. It is grounded in principles inspired by Mahatma
Gandhi. And Aims to provide justice quickly and inexpensively. As the regular courts face
challenges of backlog, lengthy procedures, and high costs. Lok Adalat offers an alternative
for swift and cost-effective justice. Filing a case in Lok Adalat incurs no court fee, and If a
court-referred case is settled, the original court fee is refunded to the parties.

State Legal Service Authority

The State Legal Services Authority, led by the Member Secretary, sets up Lok Adalat
benches. Each bench includes a High Court judge, a retired judicial officer, and either a legal
professional or a social worker dedicated to helping the weaker sections and involved in legal
services programs. These teams work together for fair and accessible legal resolution.

At High Court level

The High Court Legal Services Committee's Secretary forms Lok Adalat benches. Each
bench has a High Court judge (current or retired) and either a legal professional or a social
worker dedicated to helping the weaker sections and supporting legal services programs.
They collaborate to ensure justice and support for the underprivileged.

District level

At the district level, Lok Adalats are organized by the Secretary of the District Legal Services
Authority. Each bench includes a judicial officer (currently serving or retired) and either a
legal expert, a social worker focusing on helping the weaker sections, and, if needed, a local
para-legal individual, preferably a woman. This diverse team works together to ensure a fair
and inclusive legal process.

Taluka Level

At the taluk (sub-district) level, Lok Adalats are arranged by the Secretary of the Taluk Legal
Services Committee. Each bench includes a judicial officer (currently serving or retired), and
either a legal professional, a social worker focusing on uplifting weaker sections, and, if
necessary, a local para-legal individual, preferably a woman. This diverse team collaborates
to ensure fairness and accessibility in the legal process.

Cases under Lok Adalat

Nature of Cases to be Referred to Lok Adalat

1. Any case pending before any court.

2. Any dispute which has not been brought before any court and is likely to be filed before
the court.

Which Lok Adalat to be Approached

As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to
arrive at a compromise or settlement between the parties to a dispute in respect of -

(1) Any case pending before; or

(2) Any matter which is falling within the jurisdiction of, and is not brought before, any court
for which the Lok Adalat is organised.

How to Get the Case Referred to the Lok Adalat for Settlement

(A) Case pending before the court.

(B) Any dispute at pre-litigative stage.

The State Legal Services Authority or District Legal Services Authority as the case may be on
receipt of an application from any one of the parties at a pre-litigation stage may refer such
matter to the Lok Adalat for amicable settlement of the dispute for which notice would then
be issued to the other party.

Q.15 Case Comment

Ans:
Writing a case comment involves providing a concise and critical analysis of a legal case,
focusing on its significance, implications, and any novel legal issues it raises. Here's a step-
by-step guide on how to write a case comment:
1. Introduction:

 Begin with a brief introduction to the case, including the names of the parties
involved, the court that heard the case, and the date of the decision.

 Clearly state the main legal issue or question that the case addresses.

2. Summary of Facts:

 Provide a concise summary of the key facts of the case. Focus on the facts that are
relevant to the legal issues being discussed.

 Avoid unnecessary details; focus on what is crucial for understanding the court's
decision.

3. Legal Issue(s):

 Clearly identify and articulate the legal issue or question that the court had to decide.

 If there are multiple legal issues, address each one separately.

4. Decision and Reasoning:

 Summarize the court's decision on each legal issue.

 Explore the court's reasoning behind its decision. Analyze the legal principles,
statutes, or precedents the court relied on.

 Highlight any dissenting opinions if applicable.

5. Significance and Implications:

 Discuss the broader significance of the case. Does it establish new legal precedent?
Does it clarify existing law?

 Consider the potential impact of the decision on future cases or legal practice.

6. Critique:

 Offer a critical analysis of the court's decision. Assess its strengths and weaknesses.

 Consider alternative arguments that were not addressed or discussed by the court.

 Express your opinion on whether you agree or disagree with the decision and why.

7. Comparisons with Other Cases:

  Compare the case with other relevant decisions. Discuss similarities and differences.

 Consider how the case fits into the broader legal landscape.

8. Conclusion:

 Sum up the key points discussed in your case comment.

 Provide a brief conclusion on the overall significance and implications of the case.

9. Citations:

 Properly cite the case, statutes, and any other legal sources referenced in your
comment.

 Follow the appropriate citation style (e.g., Bluebook, APA, or MLA) as required.

10. Editing and Proofreading:

 Carefully edit and proofread your case comment to ensure clarity, coherence, and
correctness.

 Check for grammatical errors, spelling mistakes, and proper formatting.

Remember, a case comment should be concise, well-organized, and focused on providing

valuable insights into the legal aspects of the case.