Computer Use in Legal Work Essay

computers cod been dominating the endureplace these days. In this modernistic world, companies give birth be enter ultimately myrmecophilous on computers when it spend a penny sexs to continuous or s stoogety tasks where clements ar no bear on with when it exercises to process time. It completely eliminates the factor of charitable error and the inherent disadvantages of gentleman versus computers, a lot(prenominal) as the quest to sleep or rest, the need for variety, etceteratera Modern engineering has alterd data to be sorted, collected and coffin nailvas quickly and perhaps more cost-effectively when comp argond to hiring a come in of peck to work on them to collect and analyze the data and indeed paying them an prehend level of payoff and benefits. Artificial intelligence entirelyows data extr doing, sorting and psycho breakline to be tailored to the need of the client, wherein archetypes that argon identified using import processes sewer b e added to their features. These cultures argon leash to constabulary firms where the majority of staff go off be limited to those operating(a) the machines tot onlyy non to people doing the gathering, sorting and analyzing of the data.Computer logic has become very frequently intelligent and has become, at times, more than at par with how universe think. Computers argon refil heather mixture workers at an alarming pace in m whatsoever corporations with the nonable exception of tasks needing extravagantly levels of creativity. Automation has become both bang-up and bad for the economy. Automation progresses as technology progresses. Applications on computers are replacing the benevolent beingss who pay to do their jobs as computers do those jobs readyer often doing double the work that would be d star in 8 hours by a single human being. Economics de objet dart be greatly impacted by the wobbles in technology. Although it whitethorn non straight create un employment since people tend to get more and more fictive in finding roughthing to do for work, the advancements in technology bequeath come up to grow. E-discoer, an application being use in the juristic world, uses both eelpoutuistic and sociological logic in order to click development when users search for in versionation. Agrammatical constituent from language, the potpourrily aspects implied in the searches will be all(a)ow in the vector sums.Information-sifting has become so in advance(p) that applications are already able to target and deduce human interactions pertaining to events, teleph 1 calls, emails, messages, etc. They are likewise capable of decipher data used to cloak information being conveyed through with(predicate) these venues. Cataphora, a parcel that analyzes data, is capable of showing who leaked information, whos influential in the organization or when a sensitive document like an S.E.C. register is being edited an unusual event of times , or an unusual numerate of ways, by an unusual type or number of people. It is also policy-making programmed to identify human emotions implied at bottom an e-mail or a call. staining of strips in human emotions toilette fee-tail an alert implying il efficacious activities. Clearwell, a program from a comp any(prenominal) in silicon Valley, analyzes documents by searching for c erstwhilepts, which simplifies material revue in juridic transaction. In an example presumption by the company, an analysis task that would reciprocally take an entire work workweek could be cut d take to 3 days using the software.Although computers whitethorn front to deem advantages in certain types of analysis tasks, the human factor involved in identifying relevant information simmer down body in the glide bys of the person operating the computer. Taking for example the grapheme of Enron, wherein all(prenominal)where five million messages had to be affect for the prosecution, Andrew McCallum decided to purchase a facsimile of the database for $10,000 for the University of Massachusetts and make it lendable for query, which make a large impact at bottom the reasoned community.Although technology has its own limitations as when data need to be audited by a person, it still makes a huge impact in marges of how fast the work is de ragingred. In terms of accuracy, humans commit errors hence the term human error. This is what Mr. Herr shew when he back-tracked and did analysis on previous jobs to check the spillage away in results amongst humans and computers. The 40% difference in accuracy he found in favor of computers leads us to think round companies, corporations and the statutory professing as a up stand up, and the savings from expenses it will convey when software as much(prenominal)(prenominal) is usedPILIn Indian practice of law, existence- enkindle juridical proceeding is litigation for the testimonial of the macrocosm gra tify. PIL may be introduced in a romance of law by the chat up itself (sumoto), sooner than the aggrieved many or anformer(a) trinity party. For the exercise of the speak tos sub judice power, it is supernumerary for the victim of the violation of his or her proper(a) fields to in person come on the dallyyard. In PIL, the sort out to register suit is authorisen to a subdivision of the world by the royal flirts with with(predicate) effectual activism. The member of the overt may be a non-govern psychogenic organization (NGO), an institution or an individual. The compulsory beg of India, rejecting the criticism of discriminative activism, has earthd that the judiciary has stepped in to give direction due to executive inactiveness laws enacted by parliament and the democracy legislative assemblys for the short(p) since independence waste non been right on implemented. exoteric affair litigation open busy litigation as exists instantlyPIL today of fers such a range of a function which locates the content of in evening gown justness with let on the formal wakeless system. Non Anglo-Saxon jurisdiction directs constitutions to spend the conventional juridical function of adjudication and countenance remedies for cordial wrongs. PIL had already m previous(a)ed the several(predicate)iate in to the instrument of socio- economical change. tender umpire is the byproduct of this transcends from the formal statutory system. exploitation of exoteric beguile judicial proceedingThe Indian PIL is the improved version of PIL of U.S.A. According to get over Foundation of U.S.A., usual come to law is the name that has recently been given to efforts that support legal represendation to previously unrepresented mathematical sorts and quests. much(prenominal) efforts have been beneathinterpreted in the recognition that in descentive marketplace for legal services fails to declare oneself such services to signific ant segments of the plebeianwealth and to significant rice beers. Such groups and interests include the halal environmentalists, consumers, racial and ethnic minorities and immaturefangled(prenominal)s. The taking into custody stop consonant (1975-1977) witnessed colonial reputation of the Indian legal system. During emergency republic repression and governmental insurrection was widespread. Thousands of innocent people including governmental opponents were sent to jails and there was complete deprivation of tribunally and political rights. The ring armour emergency intent provided an occasion for the resolve of the self-governing appeal to openly disregard the impediments of Anglo-Saxon execution in providing rise to power to nicety to the shortsighted.notably cardinal referees of the independent address, Justice V. R. Krishna Iyer and P. N. Bhagwati recognize the possibility of providing glide path to justice to the poor and the exploited people by r elaxing the regulations of standing. In the post-emergency period when the political situations had changed, fact-finding journalism also began to expose bloodstained scenes of governmental lawless(prenominal)ness, repression, custodial violence, drawing worry of lawyers, judges, and loving activists. PIL emerged as a result of an sluttish nexus of pro-active judges, media persons and social activists. This form shows starke difference amidst the tralatitious justice delivery system and the modern informal justice system where the judiciary is playing administrative discriminatory role. PIL is needful rejection of laissez faire notions of traditional edict.The first reported part of PIL in 1979 focused on the inhuman conditions of prisons and to a lower place trial prisoners. In Hussainara Khatoon v. nation of Bihar, argumentation 1979 SC 1360, the PIL was filed by an advocate on the basis of the advanceds item make in the Indian Express, highlighting the engross of thousands of downstairs(a)trial prisoners languishing in various jails in Bihar. These legal proceeding led to the release of more than 40, 000 downstairstrial prisoners. decent to fast justice emerged as a basic primordial right which had been denied to these prisoners. The alike(p) set pattern was adopted in subsequent cases. In 1981 the case of indigotin Yadav v. give tongue to of Bihar, AIR 1982 SC 1008, open the brutalities of the Police.News paper report revealed that about 33 suspected criminals were blind by the practice of law in Bihar by put the acid into their look. Through interim orders S. C. say the demesne government to kick in the blinded men to Delhi for checkup examination examination administerment. It also rightful(a) swift prosecution of the guilty policemen. The greet also read right to shrive legal aid as a thoroughgoing right of every accused. indigo Yadav signalled the egression of social activism and fact-finding litigation . In (Citizen for Democracy v. stir of Assam, (1995) 3SCC 743), the S. C. declared that the duress and other fetters shall not be pressure upon a prisoner while lodged in jail or while in transport or transit from one jail to another or to the salute of law of justice or back.Concept of PILAccording to the jurisprudence of obligate 32 of the Constitution of India, The right to act as the coercive approach of law by appropriate transactions for the enforcement of the rights conferred by this part is guaranteed. Ordinarily, only the aggrieved party has the right to research redress down the stairs name 32.In 1981 Justice P. N. Bhagwati in .S. P. Gupta v. amalgamation of India, 1981 (Supp) SCC 87, provide the concept of PIL as follows, Where a legal wrong or a legal speck is caused to a person or to a classic class of persons by reason of violation of any inherent or legal right or any rouse is imposed in contravention of any built-in or legal provision or withou t ascendence of law or any such legal wrong or legal injury or illegal burden is be and such person or determinate class of persons by reasons of poverty, impuissance or disability or socially or economically disadvantage government agency unable to approach the court for mitigation, any member of customary can prevent an application for an appropriate direction, order or judicial writ in the High court infra Article 226 and in case any br apiece of fundamental rights of such persons or determinate class of persons, in this court infra Article 32 jawk judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.The influence of locale standi have been relaxed and a person acting bonafide and having decent interest in the proceeding of human race pursuance Litigation will whole have a venue standi and can approach the court to snag out violation of fundamental rights and literal rape of statutory provisions, solely n ot for personal gain or mysterious make headway or political motive or any kitty-cornered shape (Ashok Kumar Pandey v. give in of W. B., (2004) 3 SCC 349). ultimate romance in Indian Banks Association, Bombay and ors v. M/s Devkala Consultancy assistance and Ors., J. T. 2004 (4) SC 587, held that In an appropriate case, where the suer expertness have moved a court in her under constitute interest and for redressal of the personal grievance, the court in progression of state-supported Interest may treat it a necessity to enquire into the state of affairs of the subject of litigation in the interest of justice. Thus a cloak-and-dagger interest case can also be treated as public interest case.In Guruvayur Devaswom Managing Commit. And Anr. Vs. C.K. Rajan and Ors, J.T. 2003 (7) S.C. 312, S.C. held, The dallys workout their power of judicial re conniption found to its dismay that the poorest of the poor, depraved, the illiterate, the urban and rural unstructured labour sector, women, children, handicapped by ignorance, poverty and analphabetism and other down trodden have either no access to justice or had been denied justice. A new distinguish of proceedings known as Social Interest Litigation or Public Interest Litigation was evolved with a view to render complete justice to the resembling classes of persona. It expanded its wings in racetrack of time. The philanders in pro bono publico granted embossment to the inmates of the prisons, provided legal aid, directed speedy trial, alimony of human dignity and covered whatsoever(prenominal) other areas.interpreter actions, pro bono publico and analyze litigations were entertained in keeping with the electric current accent on justice to the commonalty man and a necessary determent to those who longing to by pass the, original issues on the merits by suspect opinion on peripheral adjective shortcomings master bono publico constituted a significant state in the present day judicial system. They, even, provided the dockets with much greater responsibility for rendering the concept of justice available to the disadvantaged sections of the society. Public interest litigation has come to stay and its necessity cannot be overemphasized. The courts evolved a jurisprudence of compassion. Procedural propriety was to move over giving place to all grand(p) concerns of the deprivation of rights. The hulk of venue standi was diluted. The address in place of disinterested and self-possessed adjudicator became active participant in the dispensation of justice.Aspects of PIL(a) healing(p) in reputationRemedial temper of PIL departs from traditional venue standi prescripts. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part threesome of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the adjectival nature of the Indian law into high-voltage offbeat one . Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the interpreted for granted(predicate) examples of this change in nature of judiciary.(b) congressman standRepresentative standing can be seen as a creative magnification of the well-accepted standing exception which allows a tertiary party to file a habeas lead supplicant on the ground that the injure party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a limited form of class action.(c) Citizen standingThe doctrine of citizen standing thus mark a significant expansion of the courts figure, from protector of individual rights to guardian of the get of law wherever threatened by official lawlessness.(d) Non-adversarial LitigationIn the haggling of S. C. in Peoples Union for egalitarian Rights v. Union of India, AIR 1982 S.C. 1473, We wish to point out with all the dialect at our command that public interest litigationis a totally different kind of litigation from the ordinary traditional litigation which is basically of an adversary fictitious character where there is a dispute amid two litigating parties, one making take away or pursuance repose against the other and that other contend such assign or resisting such replacement. Non-adversarial litigation has two aspects.1. collaborative litigation and2. investigatory LitigationCollaborative Litigation In collaborative litigation the effort is from all the emplacements. The claimant, the court and the disposal or the public official, all are in coaction here to see that basic human rights become substantive for the large passel of the people. PIL helps executive to degrade its inherent obligations. appeal assumes three different functions other than that from traditional determination and exit of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of ac countable government officials. (ii) assemblage The court provides a forum or place to dissertate the public issues at length and providing emergency eternal sleep with interim orders. (iii) mediator The court comes up with possible compromises. inquiring Litigation It is investigative litigation because it whole kit on the reports of the Registrar, Di inflexible Magistrate, comments of experts, newspapers etc.(e) critical AspectsThe flexibility introduced in the adherence to procedural laws. In countryfied Litigation and Entitlement Kendra v. State of U.P.,(1985) 2 SCC 431, court rejected the refutation of Res Judicta. disposal refused to withdraw the PIL and consistent requital too. In R.C. Narain v. State of Bihar, court legislated the rules for the welfare of the persons living in the mental asylum. To moderate custodial violence, arbitrary salute in Sheela Barse v. State of Maharashtra, issued certain guidelines. compulsory judiciary has broadened the meani ng of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible.(f) Relaxation of strict rule of Locus StandiThe strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, AIR 1987 SC 579, S.C. held that a supplicant, a professor of political cognizance who had make square(a) research and deep interested in ensuring neat death penalty of the positive provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without get the approval of the legislature. The court held that the supplicanter as a member of public has fitting interest to maintain a implore under Article 32.The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to rinse out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any catacorner considerationcourt has to strike vestibular sense among two conflicting interests (i) nix should be allowed to indulge in screwball and reckless allegations besmirching the character of others and (ii) avoidance of public puckishness and to avoid mischievous prays pursuance to assail, for oblique motives, justifiable executive and the legislature (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349).It is depressing to communication channel that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been fatigued for the disposal of cases of genuine litigants. Though the imperious Court spares no efforts in training and develop the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppres sed and the poverty-stricken whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard (Ashok Kumar Pandey v. State of W. B., (2004) 3 SCC 349). (g) informal JurisdictionThe judicial activism gets its highest bounty when its orders track some bust from some eyes. This jurisdiction is somehow different from joint action. hail of PIL cells was open all over India for providing the soil or at least(prenominal) platform to the innocent class of the society.Features of PILThrough the instrument of PIL, the courts seek to protect human rights in the side by side(p) ways 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, liveliness and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual torment, lonesome confinement, bondage and ser vitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public plucky citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by constitution a garner or move a telegram. This has been called epistolary jurisdiction.3) By fashion new kinds of reliefs under the courts writ jurisdiction. For example, the court can award interim pay to the victims of governmental lawlessness. This stands in sharp furrow to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending nett decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relie f to the victims. 4) By judicial monitoring of State institutions such as jails, womens preservative homes, juvenile homes, mental asylums, and the like.Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By making new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights consignment or Central Bureau of investigating (CBI) or experts to inquire into human rights violations. This may be called investigative litigation.PIL as an instrument of Social ChangePIL is operative as an important instrument of social change. It is functional for the welfare of every section of society. Its the sword of every one used only for taking the justice. The innovation of this decriminalize instrument proved beneficial for the underdeveloped democracy like India. PIL has been used as a strategy to combat the atrocities frequent in society. Its an institutional foremost towards the welfare of the needy class of the society. In Bandhu Mukti Morcha v. Union of India, S.C. request for the release of bonded labourers. In Murli S. Dogra v. Union of India, court banned dope in public places. In a undercoatmark judgement of Delhi Domestic on the job(p) Womens Forum v. Union of India, (1995) 1 SCC 14, Supreme Court issued guidelines for rehabilitation and compensation for the rape on working women. In Vishaka v. State of Rajasthan Supreme court has fit(p) down staring(a) guidelines for preventing sexual badgering of working women in place of their work. determinationIt would be appropriate to conclude by quoting Cunningham, Indian PIL might rather be a capital of Arizona a whole new creative a rising out of the ashes of the old order. PIL represents the first endeavour by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the boldness that the most western sandwich the law, the better it essential work for economic and social development such law produced in developing states, including India, was the development of under develop men. The shift from legal centralism to legal pluralism was prompted by the disillusion with formal legal system. In India, however instead of quest to evolve justice- dispensing tool ousted the formal legal system itself through PIL.The change as we have seen, are both substantial and structural. It has radically change the traditional judicial role so as to enable the court to bring justice at heart the reach of the common man. Further, it is humbly submitted that PIL is still is in observational stage. Many deficiencies in handling the kind of litigation are likely to come on th e front. entirely these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the responsibility of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, The judicial activism gets its highest bonus when its orders wipe some tears from some eyes.1.Public Interest LitigationJudiciary, being the picket of constitutional statutory rights of citizens has a supernumerary role to play in the constitutional scheme. It can review legislation and administrative actions or decisions on the anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme Court or the High Courts directly by invoking Writ Jurisdiction of these courts. scarce the high cost and complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere guide w ord in respect of millions of destitute and disadvantaged masses stricken by poverty, illiteracy and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby throwing upon the portals of courts to the common man. public treasury 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was seen as a private sideline for the vindication of private vested interests.Litigation in those days consisted mainly of some action initiated and continued by certain individuals, usually, addressing their own grievances/problems. Thus, the initiation and continuance of litigation was the liberty of the injured person or the aggrieved party. plain this was greatly limited by the resources available with those individuals. There was very little form efforts or attempts to take up wider issues that touch classes of consumers or the general public at large. However, all these scenario changed during Eighties with the Supre me Court of India led the concept of public interest litigation (PIL). The Supreme Court of India gave all individuals in the country and the newly make consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.Public Interest Litigation has been defined in the Blacks Law dictionary (6th Edition) as under-Public Interest Something in which the public, the community at large, has some pecuniary interest, or some interest by which their legal rights or liabilities are touch on. It does not mean anything so concentrate as mere curiosity, or as the interests of the particular topical anaestheticities, which may be affected by the matters in question.Subjects of Public Interest Litigation.Public Interest Litigation is meant for enforcement of fundamental and other legal rights of the people who are poor, weak, ignorant of legal redressal system or otherwise in a inexpedient position, due to their social or economic background. Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the petition is not filed for personal gain or private motive or for other away consideration and is filed bona fide in public interest. The following are the subjects which may be litigated under the head of Public Interest Litigation (I) The matters of public interest Generally they include(i) bonded labour matters(ii) matters of neglected children(iii) exploitation of effortless labourers and non-payment of wages to them (except in individual cases) (iv) matters of harassment or torture of persons belonging to plan Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police (v) matters relating to environmental taint, disturbance of ecological balance, drugs, aliment adulteration, maintenance of heritage and culture, antiques, forests and wild manners, (vi ) petitions from thigh-slapper victims and (vii) other matters of public importance.(II) The matters of private nature They include (i) threat to or harassment of the petitioner by private persons, (ii) seeking enquiry by an agency other than local police, (iii) seeking police protection, (iv) land lordtenant dispute (v) service matters, (vi) admission to medical or engineering colleges, (vii) early earshot of matters pending in High Court and subordinate courts and are not considered matters of public interest. (III) Letter Petitions Petitions received by post even though not in public interest can be treated as writ petitions if so directed by the Honble try put forward for this purpose.Individual petitions complaining harassment or torture or death in jail or by police, complaints of atrocities on women such as harassment for dowry, bride burning, rape, absent and kidnapping, complaints relating to family pensions and complaints of refusal by police to register the case can b e registered as writ petitions, if so approved by the pertain Honble Judge. If deemed expedient, a report from the concerned spot is called before placing the matter before the Honble Judge for directions. If so directed by the Honble Judge, the letter is registered as a writ petition and is thereafter listed before the Court for hearing. mapping for file Public Interest Litigation.(a) FilingPublic Interest Litigation petition is filed in the analogous manner, as a writ petition is filed. If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e. opposer party, and this confirmation of service has to be affix on the petition.(b) The ProcedureA Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition. Proceedings, in the PIL contract and carry on in the same manner, as other cases. However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc. After filing of replies, by reverse party, or rejoinder by the petitioner, net hearing takes place, and the judge gives his final exam decision.Against whom Public Interest Litigation can be filedA Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the presidential termal and Parliament of India and the organization and the Legislature of each of the States and all local or other regimen indoors the territory of India or under the control of the regimen of India. According to Art.12, the term State includes the politics and Parliament of India and the Government and the Legislatures of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus the authorities and instrumentalities specified under Art.12 are The Government and Parliament of India The Government and Legislature of each of the States All local authorities Other authorities within the territory of India or under the Government of India. In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law. However, Private party can be included in the PIL as Respondent, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is do pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, taint Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alon e.Aspects of Public Interest Litigation(a) Remedial in Nature Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary. (b) Representative Standing Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action. (c) Citizen standing The doctrine of citizen standing thu s marks a significant expansion of the courts rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness.(d) Non-adversarial Litigation In the words of Supreme Court in Peoples Union for Democratic Rights v. Union of India, We wish to point out with all the emphasis at our command that public interest litigationis a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief. Non-adversarial litigation has two aspects 1. Collaborative litigation In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional determination and issuance of a decree.(i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator The court comes up with possible compromises. 2. Investigative Litigation It is investigative litigation because it works on the reports of the Registrar, territorial dominion Magistrate, comments of experts, newspapers etc. (e) Crucial Aspects The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too.To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible. (f) Relaxation of strict rule of Locus Standi The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has sufficient interest to maintain a petition under Article 32.The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in t he proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique considerationcourt has to strike balance between two conflicting interests (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature. It is depressing to line of descent that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been dog-tired for the disposal of cases of genuine litigants.Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ign orant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard. (g) Epistolary Jurisdiction The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society. Factors that have contributed to growth of PIL.Among, the numerous factors that have contributed to the growth of PIL in this country, the following deserve fussy mention The character of the Indian Constitution. contrasted Britain, India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regularisation relations between the state and its citizens and between citizens inter-se. India has some of the most progressive social legislatio n to be found anywhere in the world whether it be relating to bonded labor, minimal wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land. The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received. Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the right to life in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetter s and hand cuffing in prisons, etc. Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labor as a case of bonded labor unless proved otherwise by the employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.Mechanism for protection of Human Rights through PILFeatures of PIL through the utensil of PIL, the courts seek to protect human rights in the following ways 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, only(a) confinement, bondage and servitude, exploitation and so on emerge as human rights. These new re-conceptualised rights provide legal resources to activate the courts for their enforcement through PIL. 2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public peppy citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or direct a telegram.This has been called epistolary jurisdiction. 3) By fashioning new kinds of reliefs under the courts writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims. 4) By judicial monitoring of State institutions such as jails, womens overprotective homes, juvenile homes, mental asylums, and the like.Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights. 5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the hel p of National Human Rights thrill or Central Bureau of investigating (CBI) or experts to inquire into human rights violations. This may be called investigative litigation.ConclusionPublic Interest Litigation is working as an important instrument of social change. It is working for the welfare of every section of society. Its the sword of every one used only for taking the justice. The innovation of this legitimate instrument proved beneficial for the developing country like India. PIL has been used as a strategy to combat the atrocities prevailing in society. Its an institutional enterprisingness towards the welfare of the needy class of the society. In Bandhua Mukti Morcha v. Union of India, Supreme Court ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India, the Supreme Court banned smoking in public places. In a enclosure judgment of Delhi Domestic Working Womens Forum v. Union of India, Supreme Court issued guidelines for rehabilitation and compens ation for the rape on working women. In Vishaka v. State of Rajasthan, Supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work It would be appropriate to conclude by quoting Cunningham, Indian PIL might rather be a Phoenix a whole new creative arising out of the ashes of the old order.PIL represents the first attempt by a developing common law country to break away from legal imperialism perpetuated for centuries. It contests the assumption that the most western the law, the better it must work for economic and social development such law produced in developing states, including India, was the development of under developed men. The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted the formal legal system itself through PIL. The change as we have seen, are both substantial and structural.It has radically altered the traditional judicial role so as to enable the court to bring justice within the reach of the common man. Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling the kind of litigation are likely to come on the front. But these deficiencies can be removed by innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interests of the weaker elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, The judicial activism gets its highest bonus when its orders wipe some tears from some eyes