INTERNAL ASSIGNMENT- II

PUBLIC LAW SKILLS

Write a precise summary report of three lectures conducted on

1. Basic Skills required for profession by CV. Dharukar

2. How to draft an RTI application by -Adv Santosh Shah
3. Drafting Public interest litigation by Adv Sanjeev Deshapande

SUBMITTED TO:
Dr. Dhanaji Jhadav & Prof. Abhinav Shrivastava

SUBMITTED BY:
Tonoya Trisha Das
19010122090
V SEM, 3 Year LL.B
 1. What are the skills you acquired from the lectures conducted under Public
Law Skills Course?

There are many skills that I have acquired from the guest lectures that were conducted as part
of the Public Law Skills course. From the lecture conducted by CV. Dharukar I have realised
that there are many skills that I can learn or improve on for a good career in law. I have learnt
that I have to emphasize with my client’s issues and difficulties and not try to discourage
him/her. To be a great lawyer or advocate one must have and possess the quality and skill to
listen and then understand what people say. Communications is one of the most important
skills as a lawyer because unless I don’t understand my client’s problem and convey their
grievances properly, then it would be injustice to my client. Therefore, it is important to not
only improve our English language but also our mother tongue. Another skill that is
important is our observation skills. If we are a keen observer we will think of all the aspect
out there. For being a good lawyer you have to know something of everything and everything
of something. Therefore, we have to gather knowledge from all the corners of your life. A
good lawyer must have the capacity and ability to understand all kinds of topics in its deepest
sense and essence form, in lightning speed to understand the numerous things simultaneously,
the client, case, remedy, and justice he wishes to seek, or likewise. Newspaper gives an
exposure to various fields. Public skill is another important skill that I need to develop for a
career in law.

The lecture conducted by Advocate Santosh Shah taught me the background of Right To
Information Act(RTI), 2005 and its provisions. I acquired knowledge about where to use RTI
and how to intelligently use so that I can get the information I may seek. In the era of
information important skill that can help empower ourselves and our community. Information
from all sources are needed for a vibrant democracy. Proper information is important to
exercise our Freedom of speech and expression.

Further, the lecture conducted by Advocate Sanjeev Deshpande brief us about the a process
of drafting a Public Interest Litigation (PIL) and a career in it. I learnt the basic format of
drafting a PIL in the Bombay High Court. Further, I learnt the evolution and importance of
PIL that is unique to our country and how it has helped and shaped policies in our country.
 2. Which lecture inspired you to pursue the subject and advance the skill acquired
through the lecture?

The lecture that inspired me to further pursue a career on Public Law Skills and advance
my skill is the lecture by Advocate Sanjeev Deshpande on Public Interest Litigation. As a
lawyer I want to use law to help people and contribute to some significant social change in
my society. I want to use my degree and the skills that I have acquired over the course of
my education to fight for important causes and on behalf of marginalized clients who
otherwise have little hope of getting a fighting chance in our legal system. Public interest law
is a wide- ranging field, encompassing, among other subjects, civil rights law, civil liberties
law, environmental protection, international human rights, consumer protection, poverty law,
employees’ rights, national security, gay rights, education law, election reform, the rights of
criminal defendants, corporate reform, children’s rights, disability law, and many other
subjects. I want to work on both criminal matters and civil matters, basically any matter that
can help people at large. In terms of civil matters I can take up issues relating to civil rights
matters, including on issues involving discrimination based on race, ethnicity, or sexual
orientation; gender issues; the rights of disabled people, whether involving physical or mental
disabilities; or issues involving human rights abuses. As for criminal matters, I can pursue
problems relating to domestic violence, custodial deaths, prison reforms etc. I believe a career
in public interest litigation will not be morally satisfying one but will be a extension of my
personal core values which will help me serve as not only a better lawyer but also a better
citizen.

3. Provide a brief description of a lecture conducted on Public interest litigation.

The lecture on Public Interest Litigation was conducted by advocate Sanjeev Deshpande. The
lecture brief us about the evolution of the process of PIL and its importance in today’s time as
well as the practical aspect to the topic i.e.. Drafting of a PIL. Advocate Deshpande started
the lecture by giving credit to two honorable judges Justices PN Bhagawati and Krishna Iyer
for the evolution of PIL in India. Public Law Litigation was firstly prominently used by
American academic Abram Chayes to describe the practice of lawyers or public-spirited
individuals who seek to precipitate social change through court-ordered decrees that reform,
legal rules, enforce existing laws and articulate public norms. It is said that Judges shouldn’t
make law and only interpret law however, the legislature sometimes fails to visualize the
problems of the society. And sometimes due to parliamentary inertia the parliament is
unwilling to pass a law. One of the facets of PIL is resulting into judges made law. For
example, sexual harassment act foundation was laid down by the Supreme Court in the
Vaisakha judgment.

The definition of PIL makes it clear that there must exist public interest in these matters as
against private interest. Sometimes disadvantaged groups don’t have access to justice. In
other countries PIL is through NGOs and others. In India it is through Suo moto cognizance
like during pandemic Suo motto directions were given for supply of oxygen cylinders and
unavailability of medicines. PIL concerns not only the parties representing disagreement but
also public interest. Ultimately, PIL is to counter state repression. For example, in the Sunil
Batra case wherein the under-trial prisoners were brought into notice of the Supreme Court
led to reforms of jail system and gave relief to many persons. In the case Hussainara Khatoon
v. State of Bihar av writ petition was filed to highlight the plight of the under-trial prisoners
who were in jail for longer periods than the maximum permissible sentences for the offences
they have been charged with. A series of cases followed in which the Court gave directions
through which the right to speedy trial was deemed to be an integral and an essential part of
the protection of life and liberty. The above two cases demonstrate utility and success of PIL.

Elements of PIL
1. Rules of locus standi are relaxed
2. Formal requirements regarding lodging of complaints are simplified
3. Evidence could be gathered by a commission appointed by the Court
4. Procedure adopted was claimed to be not of an adversarial nature
5. Court can order far reaching remedial measures

PIL is a volatile weapon and should be sparingly used. The SC held in the SP Gupta case that
PIL at the instance of political leader should be discouraged since it is for the voiceless
people only. In this lecture, Advocate Deshpande further taught us the practical aspects to
PIL that is how to draft a PIL specially according to the requirements of Bombay High Court
as provided under Bombay High Court Public Interest Litigation rules. It was in the State of
Uttaranchal v. Balwant Singh (2010) that the SC laid down the necessary guidelines in
relation to procedures relating to PIL. Ultimately, PIL should be in simple language to
convey the exact grievance of petitioner.

4. Explain how you can use those skills in profession and , corporate life.
The skills that I have learnt in the three guest lectures conducted as a part of Public Law
Skills are going to be of immense help in my professional career. Drafting of legal documents
like a PIL and the process of filing a RTI application have taught me practical application of
these legal concepts that we have been taught since the beginning on our legal education.
Without learning the practical aspects to law, theoretical knowledge only remains as
knowledge and doesn’t translate to skills that can be used to help our clients. These skills will
not only help exercise my own rights, but I will be enabled to represent my clients and their
grievances. The first lecture has taught me basic skills that are required for advocacy as well
as in corporate life. Skills like language skills, reading skills and listening skills are basic but
they are sometimes ignored in our effort to improve ourselves. However, without these basic
skills I can’t be a competent professional in my career. Hence, these skills will help me
understand my clients better and use my legal knowledge to make a change.