MARATHWADA MITRA MANDAL’S SHANKARRAO

CHAVAN LAW COLLEGE, PUNE

LEGAL RESEARCH AND METHODOLOGY

SYNOPSIS ON DOCTRINAL RESEARCH OF PUBLIC

INTEREST LITIGATION.

Name- Niharika Gumaste

LLM- I
Roll No. – 02
INTRODUCTION
Research is an enquiry for the verification of a fresh theory or for supplementing prevailing
theories by new knowledge. A research is classified into doctrinal and non-doctrinal research.
The doctrinal research involves analysis of case law, arranging, ordering and systematizing legal
propositions and study of legal institutions through legal reasoning or rational deduction. The
word ‘Public interest’ according to the Oxford English Dictionary (2nd edition Vol. XII) mean
“The common well being also public welfare” and the word ‘litigation’ means “a legal action
including all proceedings the reeling, initiated in a court of law with the purpose of enforcing a
right or seeking a remedy.” “Public interest Law’ is the name that has recently been given to
efforts to provide legal representation to previously unrepresented groups and interest such
efforts have been undertaken in recognition of the fact that the ordinary market place for legal
services fails to provide such services to significant segments of the population and to significant
interest.

STATEMENT OF RESEARCH PROBLEM

The statement of research problem can be framed as follows,” Evolution and Development of
Public Interest Litigation. Also this research deals with the problem stated in the following legal
maxim ‘Justice Delayed is Justice Denied’.

SIGNIFICANCE OF RESEARCH
It is just and necessary to deal with public issue involved in such cases and to deliver the justice
to the persons affected by adopting the measures of speedy disposal of cases and by increasing
the number of judges in High Court and Supreme Court as compare to number of cases. Role of
Judiciary in delivering delayed justice is the justice denied in Public Interest Litigations.

STATEMENT OF HYPOTHESIS
The discretion exercised by courts in deciding public interest litigations does not meet to the
demand of justice.

RESEARCH QUESTIONS
1. Are the public interest litigations filed for publicity?
2. Does it only reflect symbolic justice?
3. Are the litigations filed for obscure motives?
4. Does the increase in litigations increase pressure on judicial system?

OBJECTIVES OF REASEARCH
a. To discover the new methods and techniques for effective implementation of Public Interest
Litigation through court of law.

b. To analyze the fact in new theoretical frame work for solving the problems of Public at large
while exercising the discretion of High Courts and Supreme Court for the effective
implementation of human rights and to examine the consequences of new facts and new
principles of law or judicial decision.

c. An analysis of Legislation, also, the study of various reported judgments of High Courts and
Supreme Courts in Public Interest Litigations.

d. To study the reasons behind the delay caused in deciding the Public Interest Litigations.

SCOPE OF RESEARCH

The scope of the study is to discuss the effective implementation of public interest litigations by
High Courts and Supreme Court for the benefit of public at large. Further this thesis has also
highlighted upon the how the speedy disposal of cases can help the society in getting the demand
of justice. Further the research also mentions about the land mark judgments passed by High
Courts and Supreme Courts in deciding PILs.

REVIEW OF LITERATURE
For the purpose of this research, articles and commentaries have been reviewed thoroughly both
from the library and accessed through the internet for thorough research upgrading. Also, there is
a review of various case laws, citations of the judgments on PILs passed by the High Courts and
Supreme Court.

RESEARCH METHODOLGY
In the doctrinal research, the following has been included the various statutory provisions,
relevant case laws, commentaries, encyclopedias, reports of National and International Journals,
articles in law journals, periodicals, newspapers, web sites, reports of various surveys
conducted,. Further the data has been collected through books, journals, articles, judgments of
High Court and Supreme Courts, various Acts etc.

TENTATIVE CHAPTERIZATION
 Introduction.
  Objects of Public Interest Litigation
 Origin of Public Interest Litigation
 Constitutional Provisions of Public Interest Litigation
 Public Interest Litigation with social, economic, political and environmental
change.
 Role of the Supreme Court

BIBLIOGRAPHY
www.legalservicesindia.com
www.wikipedia.org
www.livemint.com
www.manupatrafast.com
M.P. Singh’s Constitution of India.