Advanced International Journal for Research
E-ISSN: 3048-7641
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 6 Issue 6
November-December 2025
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The Interplay Between Res Judicata and Public Interest Litigation: Balancing Finality with Access to Justice
| Author(s) | Anshika Singh |
|---|---|
| Country | India |
| Abstract | The present research paper focuses on the relationship between the doctrine of res judicata under Section 11 of the Code of Civil Procedure, 1908, and Public Interest Litigation (PIL), which is quite complex in India. Though res judicata fulfills the main role of guaranteeing finality in the process of judicial hearings and multiple litigation is avoided, PIL is a groundbreaking initiative of increasing access to justice in the marginalized communities. This paper evaluates the manner in which these two principles, which appear contradictory to each other, are co-existing in the legal system in India and how the judges have tried to fix the dilemma of finality and social justice. The paper will also contend by looking at landmark cases and analysing doctrines that res judicata in PILs, though a pillar of procedural law, still has significant exceptions made by Indian courts, such that the concerns of the people are not unnecessarily sacrificed at the altar of procedural formalities. |
| Published In | Volume 6, Issue 6, November-December 2025 |
| Published On | 2025-12-24 |
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E-ISSN 3048-7641
CrossRef DOI is assigned to each research paper published in our journal.
AIJFR DOI prefix is
10.63363/aijfr
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