Symbiotic Relationship between PIL and Legal ...

Symbiotic Relationship between PIL and Legal Aid: Constitutional Approach

Author Name : Bijayini Namrata Patel, Debdeep Banerjee

ABSTRACT

The grundnormto all codified laws, Indian constitution is the unique procedure which has a purview of all sort of jurisprudence and essence of common law system to conduct a fair trial in a parliamentary democratic body. India, being a democratic republic nation concerning about sovereignty, socialism and secularism irrespective of sharing a different vison of cultural fabric tries to secure justice, liberty and fraternityby treating fundamental rights as its ‘heart and soul’. For the remedies of any sort of infringements to the fundamental rights enumerated under the articles13, 359, 32 and 226. Apart from those articles, Indian citizens have the privilege of free legal aid services under article 39A under Directive Principles of State Policy (DPSP) added by the 42^ndconstitutional amendment act of 1976 which is a positive obligation of the state towards its citizen. This article is going to acknowledge about the constitutional approach of filing PIL and its relation with free legal aid along with its evolution in domain of law.  The practice of Public Interest Litigation in India in a hope to avail right to justice, clinical legal education and legal aid to the public at large and Indian judiciary response towards it also being focused.  The trend of filing PIL has exponentially rising gradually by free legal aid services provided by social activist, non-governmental organisations and educational institutions. From its effective function, the determinant class can exercise the PIL along with its other forms Social Action Litigations, General Interest Litigations, Social Interest Litigations by the help so legal aid services. The aim of PIL can be fulfilled by the proper functioning of legal aid, that’s why it’s being said they share a symbiotic relationship.

Key Words: Grundnorm, Directive Principles of State Policy, Positive-obligation, justice, Symbiotic.