Common Cause (India)
Common Cause (India)
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Common Cause (India)

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Common Cause (India)

Common Cause is a non-governmental organisation based in New Delhi, India, that works on probity in public life and governance reforms. Common Cause focuses on defending and fighting for the citizens’ rights. It takes up public causes through advocacy, research and public interest litigation.

It was founded in 1980 by H D Shourie. It has been headed by Vipul Mudgal since 2015.

Common Cause founded in 1980 by H D Shourie, started functioning with the first writ petition in the Supreme Court on behalf of 1500 retired civil servants regarding the issues and hardships faced by them. The Supreme Court heard this writ petition, which successfully contested the upward modification of pensions for only those government employees who retired after 1 April 1979. Their suit was granted by the Supreme Court, which also ordered the government to pay the actual pension to all retired employees.

The next major success came in 1996 when the detailed inquiry ordered in 1996 by the Supreme Court into the "misuse" of the official position by then petroleum minister Satish Sharma in allotments of petrol pumps and dealership of LPG happened after the Common Cause intervention.

Common Cause has been involved in legal efforts from its formation to strengthen the accountability and functioning of key governance institutions in India. Through PIL and petition, Common Cause went through many legal struggles in the High Court and the Supreme Court, respectively. It works on marginal issues through research and academic approaches.

In 2005, to legalise the practice of executing "living wills," which functions as advance directives for refusing life-prolonging medical procedures in the event of the testator's incapacitation, Common Cause filed a petition on living wills with the Supreme Court. This petition aimed to enact legislation along the lines of the Patient Autonomy and Self-determination Act of the US.

In February 2014 the Supreme Court of India's three-judge bench stated while hearing of a Public Interest Litigation (PIL) filed by Common Cause, that the previous ruling in the Aruna Shanbaug case was incorrectly interpreted from the Constitution Bench's ruling in Gian Kaur v. State of Punjab. The court also found that the ruling was internally inconsistent as, despite holding that euthanasia can only be authorised by a legislative act, it went on to judicially create parameters for the practice. In light of the observed inconsistencies on the matter the court referred it to a Constitution Bench for a clear enunciation of the law.

Subsequently, the major threshold in this case was achieved on 9 March 2018, when a five-judge panel concluded that "living wills" or advance medical directives, permit consenting patients to be passively euthanised if they have a terminal illness or are in a vegetative state.

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