TAKING THE EXPERIENCE FROM PUBLIC INTEREST LITIGATION IN INDIA
A. Introduction


Such is the disillusionment with the state formal legal system that it is no longer demanded by law to do justice, if justice perchance is done, we congratulate ourselves for being fortune.In judicial circumstances one of the best things that have happened in the country of India recent years is the process reform through Public Interest Litigation or Social Action Litigation (PIL/SAL).

In essence, the PIL develops a new jurisprudence of the accountability of the state for constitutional and legal violations adversely affecting the interest of the weaker elements in the community. The following articles will discuss that whether this mechanism can be a good example to be implemented in other countries.
B. Necessity of Informal Justice
Necessity of informal justice stems from the nature of Anglo-Saxon law prescribing legal formalism and due to the failure of formal legal system to deliver justice that forced informal justice to take on a separate identity from state law.The British rule bequeathed to India as colonial legal heritage. The Anglo-Saxon model of adjudication insisted upon observance of procedural technicalities such as locus standi and adherence to adversarial system of litigation.The result was that the courts were accessible only to the rich and the influential people. The marginalized and disadvantaged groups continued to be exploited and denied basic human rights. (more…)