Case Comment: Subhash Kumar V. State Of Bihar And Others
- IJLLR Journal
- Aug 6
- 2 min read
Bharat Bhushan Tayal, LL.B., National Law University, Odisha
Citation: (1991) 1 SCC 598
Introduction:
The Constitution of India grants various rights to its citizens, including fundamental rights outlined in Part III. Fundamental rights (herein after referred to as F.R.) are the most significant rights, and no other law can override them. If a law conflicts with the F.R., it can be declared void by the Supreme Court (herein after referred to as S.C.). Individuals can approach the S.C. under Art. 32 if they believe their F.R. have been violated. The S.C. may issue directions under Art. 32 based on the specific facts and circumstances of the case.
In this particular case, the petitioner submitted a Public Interest Litigation (herein after referred to as PIL) to the Hon’ble S.C. through Art. 32 of the Indian Constitution. The petitioner argued that his fundamental rights had been violated by the actions of the Respondent. The court was tasked with determining whether there was indeed a violation of the F.R. as claimed by the petitioner. Additionally, the court discussed the concept of PIL in relation to the interests of individuals.
Facts of the case:
This case was filed by Subhash Kumar, a resident of West Nokaro, Jharkhand, has filed a writ petition under Article 32 of the Constitution, seeking a directive to the Director of Collieries at West Bokaro Collieries in Ghatotand, District Hazaribagh, Bihar, as well as to the Tata Iron & Steel Company Limited (herein after referred to as TISCO), to immediately halt the discharge of slurry and sludge.
The present case by way of PIL filed by the Petitioner to prevent the pollution of the Bokaro river water.
