Courting the People: Public Interest Litigation in Post-Emergency India

Courting the People: Public Interest Litigation in Post-Emergency India

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Author: Anuj Bhuwania
Publisher: Cambridge University Press
No. of pages: 166
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Other Specifications

Language: English
ISBN: 9781107147454
Published on: 2016
Book Format: Paperback
Category: Essay
Subject: Law

Description

Based on empirical research, this book shows how public interest litigation (PIL) grants the appellate courts enormous flexibility in procedure, allowing them to manoeuvre themselves into positions of overweening authority. While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.

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