Public Interest Litigation in India [electronic resource] : Overreaching Or Underachieving ? / Gauri, Varun
Material type: TextPublication details: Washington, D.C., The World Bank, 2009Description: 1 online resource (25 p.)Subject(s): Access to justice | Administration of justice | Case law | Civil law | Corruption | Court | Courts | Criminal | Fundamental right | Fundamental rights | Gender | Gender and Law | Human Rights | Human rights | Inequality | Information Security and Privacy | Judges | Justices | Law and Development | Law Enforcement Systems | Laws | Legal Institutions of the Market Economy | Prisoners | Rule of law | Sexual harassment | Social Development | Social justice | WillAdditional physical formats: Gauri, Varun.: Public Interest Litigation in India.Online resources: Click here to access online Abstract: Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better understood as criticisms of the impact of judicial interventions on sector governance. On the issue of inequality, the analysis finds that win rates for fundamental rights claims are significantly higher when the claimant is from an advantaged social group than when he or she is from a marginalized group, which constitutes a social reversal, both from the original objective of public interest litigation and from the relative win rates in the 1980s.Public interest litigation has historically been an innovative judicial procedure for enhancing the social and economic rights of disadvantaged and marginalized groups in India. In recent years, however, a number of criticisms of public interest litigation have emerged, including concerns related to separation of powers, judicial capacity, and inequality. These criticisms have tended to abstraction, and the sheer number of cases has complicated empirical assessments. This paper finds that public interest litigation cases constitute less than 1 percent of the overall case load. The paper argues that complaints related to concerns having to do with separation of powers are better understood as criticisms of the impact of judicial interventions on sector governance. On the issue of inequality, the analysis finds that win rates for fundamental rights claims are significantly higher when the claimant is from an advantaged social group than when he or she is from a marginalized group, which constitutes a social reversal, both from the original objective of public interest litigation and from the relative win rates in the 1980s.
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