Administrative Law Presentation

 Public Interest Litigation (PIL) is a legal tool

which allow individuals, groups and
communities to challenge government
decisions and activities in a court of law for
the enforcement of the public interest. It
serves as a protection of the public interest,
and which directly joints the public with
judiciary.
 Something in which the public, the community at large has
something pecuniary interest, or some interest by which their
legal rights or liabilities are affected. It doesn’t mean anything
so narrow as mere curiosity, or as the interest of the particular
localities, which may be affected by the matters in question.
Interest shared by the citizens generally in affair of local, State
or national Government.
 In general, PIL cases deal with major environmental and
social grievances. They are often used strategically as part of a
wider campaign on behalf of disadvantaged and vulnerable
groups in society. Where individuals, groups and communities
do not have the necessary resources to commence litigation,
PIL provides an opportunity for using the law to promote
social and economic justice. PIL cases are often concerned
with preventing the exploitation of human, natural and
economic resources.
 Constitution allows any public-spirited person, NGO
or a public interest law firm to file a case on behalf of
a group of persons whose rights are affected. The court
can also act on its own motion. A PIL must be filed
against government authorities, but private parties can
also be included as correspondents. Cases in which a
PIL can be filed include:
 Environmental degradation;
 Violation of basic human rights of the poor;
 Content or conduct of government policy;
 To compel municipal authorities to perform a public duty;
 Violation of religious rights or other basic fundamental rights.
 Historically, Public interest Litigation has its assence in Both UK's as
well as in USA's Jurisprudence.
 The term "PIL" was originated in USA in mid 1980s. However, in
1876, a Legal Aid Office was initiated in New York to provide the
legal aid to the under- priviliged class.
 In late 1960s, in the words of Joel Handler-the author of access to
Justice in America, PIL was formally commenced under the same title
with financial assistance of Economic Opportunity to provide legal
assistance as well as to address issues related to Environmental
devastation, civil liberties etc.
 In UK, though encapsulated in the dictum of Rule of Law, Attorney
General is responsible and answerable for any injury to civil liberties.
 In India, this proposition of law originated in 1980s.
 In Pakistan, the seminal case regarding the initiation were Benazir
Bhutto Vs Federation and Darshan Masih vs State.
Locus Standi means the right of a party to :
 appear and be heard before a court of a law
 institute a suit or an action before the court.

Locus standi, in legal parlance basically refers to the

ability of a party to show to the court that there exists
sufficient connection or nexus or cause of action to the
party, from the suit.
Article 199 of the Constitution is an omnibus article allowing remedy to
an aggrieved person against violation of any provision of law or
constitution.
 An aggrieved party can be any person whose financial, personal, or
property rights or interests are adversely affected by an act of another
or an order, judgment or statute. An aggrieved party is entitled to
challenge the adverse decisions.
 A party can always approach and invoke the jurisdiction of high courts
under this article when an order passed against it is without
jurisdiction.
 Court can also itself take the judicial notice of the changed situation.
 By virtue of this article, the high courts can issue writs in any respect
and declare act of any official without unlawful authority.
 If adequate remedy is available then the jurisdiction of high courts
under this article can be invoked under exceptional circumstances such
action or order is without jurisdiction, mala fide or void.
 But this action is to be discouraged to uphold the sacredness of the
legislative intent.
 A writ is an official written directive issued by an organisation
with administrative or judicial jurisdiction; in modern sense,
this organisation is known as a court. There are many types of
writs exist including prerogative writs, summons and warrants
but there are many others.

 The writ, in common parlance, is an order issued by a court in

the name of an authority requiring the performance of a
specific act.
Prerogative Writs
 The "prerogative" writs or writs based on privileges are a subclass of the group
of writs, those that are to be heard before regular cases on a court's docket except
other such writs. The most common types of prerogative writs are mandamus,
certiorari, habeas corpus, procedendo, prohibito, and quo warranto, although
these technical names have not been prescribed in the constitution.

Writ of Mandamus
 Mandamus is a judicial remedy which is in the form of an order from a superior
court to any subordinate court, organizational or public authority to do or refrain
from doing some specific act which that body is obliged under the law to do or
abstain from doing, as the case may be, and which is in the nature of public duty
and in certain cases of a statutory duty. It cannot be issued to force an authority
to do something against any statutory law.

Writ of Certiorari
 Certiorari is a writ intending for seeking judicial review, currently means an
order by a superior court directing a lower court, tribunal, or public authority to
submit the record in a certain case for review.
Writ of Habeas Corpus
 Habeas corpus is a legal action through which a prisoner can be released from an unlawful
custody or detention. The remedy can be pursued by the prisoner or by another person coming
to his / her assistance. Habeas corpus originated in the English legal system, has historically
been an important legal mechanism, protecting rights of individual against arbitrary
governmental action.
Writ of Procedendo
 A writ of procedendo is a remedy where there is a delay in rendering a judgment
that amount to a abandonment or denial of justice. It is an order of a higher
court to lower court, directing that court to extract a delayed judgment. The writ
does not specify as to what judgment the lower court must extract, it merely
orders the lower court to proceed to judgment. Rebuttal to comply with the writ
may subject the lower court to an excerpt for contempt.
Writ of Prohibito
 The Court may issue a writ of prohibition to prohibit the authority from acting
in excess of its jurisdiction. This writ is normally issued by a superior court to
the lower court asking it not to proceed with a case which does not fall under its
jurisdiction.
Writ of Quo Warranto
 The writ of quo warranto is issued against a person who claims or usurps a
public office. Through this process, the court inquires 'by what authority' the
person supports his or her claim.
 P L D 1978 Quetta 131
IMTIAZ BASHI R -- Petitioner
Versus
SPECIAL HIGH POWERED COMMITTEE THROUGH SECRETARY,
HEALTH AND SOCIAL WELFARE DEPARTMENT, GOVERNMENT OF
BALUCHISTAN, QUETTA AND 4 Others---respondents
o The superior Courts have always the power to review the
decisions of the administration.
o Clause (a) of Article 199(1) contemplates that action could be
taken on an application of any aggrieved party.
ALI IRTAZA Petitioner
versus
PRINCIPAL, LAWRENCE COLLEGE, GORAH GALLI, MURREE, DISTRICT
RAWALPINDI and 2 others Respondents

o Remedy of judicial review provided by Art.199 of the Constitution belongs

exclusively to public law, its primary object being to make the machinery of
Government work properly, rather than to enforce private rights.
o For a decision to be susceptible to judicial review, decision makers must be
empowered by public law to make decisions

P L D 1992 Lahore 345

KAMIL HUSSAIN and another Petitioners
Versus
MEMBER, BOARD OF REVENUE and others—Respondents
• The revision petition shall be dealt in accordance with law after spelling out the
parties' arguments and recording their clear finding thereon.
1997 M L D 1925ZULFIQAR AHMED Petitioner
versus
THE PUNJAB PUBLIC SERVICE COMMISSION through Secretary and 2
others Respondents

 Where any candidate possessed qualification considered equivalent by

statutory body of experts, Government would have no power to refuse to
give effect to that decision merely on basis of administrative inconvenience.

P L D 2019 Supreme Court 189

SABIR IQBAL---Petitioner
Versus
CANTONMENT BOARD, PESHAWAR through Executive Officer and others-
-- Respondents
 Court could examine and judicially review the executive discretion exercised
by the authorized officer on the ground of proportionality.
 Alongside reasonableness, proportionality was a central standard directing
the action of the executive branch.
P L D 2019 sindh 713
HAJJ ORGANIZERS ASSOCIATION OF PAKISTAN
through authorised officer and 11 others---petitioners
Versus
FEDERATION OF PAKISTAN through secretary ministry of
religious affairs and interfaith harmony, islamabad and 2
others---respondents
 Judicial review is regimen and command of court to review
legislative and executive actions to maintain and sustain
rule of law.
 Judicial review can also be taken in failure to observe
statutory procedures or natural justice or in breach of
legitimate expectation, either procedural or substantive.
The topic Public Interest litigation has been
discussed in detail and we hope you understood
our presentation. Different case laws have also
been explai