LAWACADEMY

Municipal Council, Ratlam v. Vardhichand and others AIR 1980 SC 1622: - The residents of a locality in Ratlam city, Madhya Pradesh, filed a complaint under section 133 of the Code of Criminal Procedure, 1973, against the municipal council for failing to provide basic sanitation facilities and prevent street contamination, as required by section 123 of the M. P. Municipalities Act, 1961. - The municipal council pleaded financial inability to carry out its statutory duty and challenged the jurisdiction of the criminal court to issue directions to it. - The Supreme Court upheld the order of the magistrate and rejected the municipality's plea that financial inability validly exonerates it from statutory liability. The Court framed a scheme and fixed time-limits for the construction of sanitation facilities. - The Supreme Court also held that the right to a clean and healthy environment is a fundamental right under Article 21 of the Constitution of India, and that the criminal court has...

M.C. Mehta v. Union of India, AIR (1988) SC 1037, 1115:

Oleum Gas Leak Case M.C. Mehta v. Union of India, AIR (1987) SC 965, 982, 1086  This case is also known as the Oleum gas leak case , as it arose from a leakage of oleum gas from a plant operated by Shriram Foods and Fertilizers Industries in Delhi, India, in December 1985. The gas leak caused harm to several people, including the death of an advocate. A writ petition was filed by M.C. Mehta, a public interest lawyer, seeking the closure or relocation of the plant, as it was situated in a densely populated area and posed a serious threat to the life and health of the people. The Supreme Court of India, in a landmark judgment, held that the plant was engaged in a hazardous and inherently dangerous industry, and therefore, it was liable to pay compensation to the victims of the gas leak, regardless of any negligence or fault on its part. This was based on the principle of absolute liability, which was evolved by the court to deal with such cases involving violation of the fundamental ...

Public Interest Litigation PIL stands for Public Interest Litigation , which is a legal action that is initiated by a public-spirited person or group for the protection or enforcement of a public interest, such as human rights, environment, social justice, etc. PIL is a way of ensuring judicial review of administrative actions through increased public participation. PIL was introduced in India in the early 1980s, as a product of the judicial activism role of the Supreme Court. Justice V R Krishna Iyer and Justice P N Bhagwati were the pioneers of the concept of PIL in India234. PIL had begun in India towards the end of the 1970s and came into full bloom in the 1980s. Some of the landmark cases of PIL in India are: Mumbai Kamgar Sabha v. Abdulbhai Faizullabhai [1976 AIR 1455, 1976 SCR (3) 591], which is considered to be one of the first cases of PIL in India, where the court upheld the rights of workers against the arbitrary and illegal actions of the employer. Hussainara Khatoon ...

The writs of certiorari, mandamus, and quo-warranto are judicial remedies that can be issued by the Supreme Court or the High Courts under Article 32 and 226 of the Constitution of India. They are used to enforce the fundamental rights of the citizens and to check the legality and validity of the actions of the lower courts, tribunals, or public authorities. Here is a brief explanation of each writ with some examples: Writ of certiorari : This writ is issued to quash an order or decision of a lower court, tribunal, or quasi-judicial authority that has exceeded its jurisdiction, violated the principles of natural justice, or committed an error of law. For example, the Supreme Court issued a writ of certiorari to set aside the order of the Central Administrative Tribunal that had reduced the punishment of a corrupt officer from dismissal to compulsory retirement.  Writ of mandamus : This writ is issued to command a public official, body, or authority to perform a duty that he or she ...

  Union Parliament Organization, Procedure regarding Enactment of Legislation, Parliamentary Privileges : Union Parliament Organization The Union Parliament is the supreme legislative body of India, which consists of the President and the two Houses: the Rajya Sabha (the Council of States) and the Lok Sabha (the House of the People). The Parliament is based on the principle of bicameralism, which means that there are two chambers of equal status and power in the law-making process. Rajya Sabha The Rajya Sabha is the upper house of the Parliament, which represents the states and the union territories of India. It has a maximum strength of 250 members, out of which 238 are elected by the state and union territory legislatures and 12 are nominated by the President from among the eminent persons in the fields of art, literature, science, and social service. The Rajya Sabha is a permanent house, which means that it is not subject to dissolution. However, one-third of its members retire ...