Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.” – Justice Bhagwati in the case of

All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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49.

Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.” – Justice Bhagwati in the case of

A: Peoples Union for Democratic Rights Vs Union of India

B: Ashok Kumar Pandey Vs State of West Bengal

C: S.P. Gupta Vs Union of India

D: Janata Dal Vs H.S. Chowdhary

The answer is: C

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Explanation

The correct option is C: S.P. Gupta Vs Union of India. This case is also known as the Judges Transfer Case, and it is considered as the first case of public interest litigation in India.

In this case, Justice Bhagwati introduced the concept of public interest litigation, which allows any member of the public to file a petition on behalf of the disadvantaged or oppressed sections of the society, who are unable to seek legal remedy for themselves.

Justice Bhagwati defined public interest litigation as follows:

> Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons by reasons of poverty, helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief, any member of public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case any breach of fundamental rights of such persons or determinate class of persons, in this court under Article 32 seeking judicial redress for the legal wrong or legal injury caused to such person or determinate class of persons.