Volume : VII, Issue : VIII, August - 2018

Public Interest Litigation, Mandamus & Continuing Mandamus: A Bird's Eye View

Shreemanshu Kumar Dash

Abstract :

We live in an era when Parliament has placed statutory duties on government departments and public authorities for the benefit of the public but has provided no remedy for the each of them. If a government department or a public authority either by commission or by omission transgresses the law laid down by Parliament, or threatens to transgress it, can a member of the public come to the Court and draw the matter to its attention ? P.N. Bhagawati J. is of the opinion that, in the last resort, if the Attorney General refuses leave in a proper case or improperly or unreasonably delays in giving leave, or his machinery works too slowly, then a member of the public, who has sufficient interest, can himself apply to the court itself. The gradually increasingjudicial action is commendable from a narrower perspective while the escalating apathy of the other wings is condemnable from a oader perspective.

Article: Download PDF    DOI : https://www.doi.org/10.36106/paripex  

Cite This Article:

Shreemanshu Kumar Dash, Public Interest Litigation, Mandamus & Continuing Mandamus: A Bird‘s Eye View, PARIPEX‾INDIAN JOURNAL OF RESEARCH : Volume-7 | Issue-8 | August-2018

Number of Downloads : 142

References :