The Development and Operation of Public Interest Litigation in India and Recommendations for Vietnam

  • Do Xuan Mai,
  • Bui The Huy and Vu Duc Duy
  • Show Author Details
  • Do Xuan Mai

    Student at Hanoi Law University, Vietnam

  • Bui The Huy

    Student at Hanoi Law University, Vietnam

  • Vu Duc Duy

    Student at Hanoi Law University, Vietnam

  • img Download Full Paper

Abstract

The article focuses on a comprehensive and in-depth analysis of the mechanism Public Interest Litigation (PIL) in India, one of the most unique judicial innovations of Common Law in the 20th century. The development and operation of PIL in India is a typical example of the proactive role of the judiciary in addressing social issues and controlling state power. The development and operation of PIL in India is a typical example of the active judicial role in addressing social issues and controlling state power. This article provides an overview of PIL in India, analysing typical legal regulations and judicial practices, while also proposing legal lessons that could inspire the establishment of a similar mechanism in Vietnam to improve the public interest protection system in Vietnam, aiming for a humane, accessible, and effective judiciary.

Keywords

  • Public Interest Litigation
  • public interest cases
  • public benefit
  • India
  • Vietnam

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 1661 - 1676

DOI: https://doij.org/10.10000/IJLMH.1111465

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021