Public Interest Lawyering, Legal Aid and Paralegal Services
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 8 · LAIHLT5N
Unit I — Public Interest Lawyering
Concept and Evolution of Public Interest Lawyering—Role of Public Interest Lawyering in a Democracy—Key Principles involved in Public Interest Lawyering— Different Strategies and Methods of Public Interest Lawyering—Community Lawyering and Grassroots Advocacy—Ethical Considerations in Public Interest Lawyering: Conflict of Interest · Confidentiality · Competence and Diligence · Client Autonomy and Informed Consent · Public and Society Impact—Challenges in the way to Public Interest Lawyering— Role of Judiciary in Public Interest Lawyering: Judicial Activism vs. Judicial Restraint.
Unit II — Public Interest Litigation
Concept and Evolution—Difference from Writ—Liberalization of Locas Standi— Suo Moto Intervention by the Court—Epistolary and Creeping Jurisdiction— Adversarial and Inquisitorial Procedures—Usefulness and Limitations of Public Interest Litigation.
Unit III — Social Revolution through P.I.L.
Student is required to undertake the case analysis of the following: - · 1. Vellore Citizens Welfare Forum vs. Union of India (1996) [Environmental · Protection] · 2. Hussainara Khatoon vs. State of Bihar (1979) [Human Rights Protection] · 3. Bandhua Mukti Morcha versus UOI [Public Health and Safety] · 4. S. P. Gupta v/s UOI (1981) [Judges Transfer Cases] · 5. Unni Krishan v/s State of Andhra Pradesh (1993) [Right to Education] · 6. Olga Tellis v/s Bombay Municipal Corporation (1985) [Urban Development · and Infrastructure] · 7. Laxmi v/s UOI (2014) [Protection of Women] · 8. Ashwani Kumar v/s UOI (2019) [Elderly and Senior Citizen’s Right] · 9. Shreya Singhal v/s UOI (2015) [Freedom of Speech] · 10. Samatha v/s State of Andhra Pradesh (1997) [Tribal Land Rights]
Unit IV — Legal Aid: Constitutional and Statutory Framework
Legal Aid under the Indian Constitution: Article 39A and its Significance—Legal Services Authorities Act, 1987: Objectives, Establishment, and Functions— National Legal Services Authority (NALSA) and State Legal Services Authorities: Structure and Functions—Free Legal Aid Schemes and Programs.
Unit V — Para-Legal Services and Role of Para-Legal Volunteers
Concept and Scope of Para-Legal Services—Role and Responsibilities of Para- Legal Volunteers (PLVs)—Training and Capacity Building for PLVs—Case Studies on Effective Para-Legal Interventions.
Unit VI — Mechanisms and Institutions for Legal Aid and Public Interest Lawyering
Lok Adalats: Concept, Organization, and Functioning—Legal Aid Clinics and Law School Clinics: Objectives and Operations—Role of NGOs and Civil Society in Legal Aid and Public Interest Lawyering—Online Legal Aid Services and E-Lok Adalats— Digital Platforms for Public Interest Lawyering—Integration of ADR in Public interest Lawyering—Some Case studies on use of ADR in Public Interest Lawyering: Narmada Bachao Andolan v. Union of India (2000) · Public Interest Foundation v. State of Uttar Pradesh (2013) · Srinivas V. v. Government of Karnataka (2016) · Himalaya Drug Company v. Union of India (2008).