Courting the People: Public Interest Litigation in Post-Emergency IndiaBased 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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Contents
Revisiting the Origins of Public | 16 |
A PIL with Nine Lives | 50 |
Public Interest Litigation as a Slum Demolition Machine | 80 |
Critical Discourses on Public | 112 |
The Procedural is Political | 134 |
| 144 | |
| 155 | |
Other editions - View all
Courting the People: Public Interest Litigation in Post-Emergency India Anuj Bhuwania Limited preview - 2017 |
Common terms and phrases
action adjudication affidavits amicus curiae appointed areas argued Article auto rickshaws bench called chapter Chatterjee Chief Justice colonies commercial Constitutionalism Court Commissioners critical cycle rickshaws decision Delhi High Court democratic Dhavan Directive Principles discourse Emergency environmental EPCA filed Fundamental Rights Gandhi hearing Ibid ideological illegal Indian legal Indian Supreme Court industries institutional issue Jain’s jhuggi judgment Judicial Activism judicial process Justice Bhagwati Justice Jain Justice Vijender Kalyan Sanstha Katju Kaviraj lawyers Litigation in India M. C. Mehta Markandey Katju Master Plan misuse Monitoring Committee municipal norms omnibus PIL panchayati justice people’s period PIL court political society pollution post-Emergency Pratap Bhanu Mehta problem procedure Public Interest Litigation public land question Ramanathan relocation residential river Yamuna role Sabharwal sealing Singh slum demolition slum dwellers social unauthorized construction Union of India Upendra Baxi Vijender Vijender Jain Writ Petition Civil Y. K. Sabharwal
Bibliographic information
| Title | Courting the People: Public Interest Litigation in Post-Emergency India Volume 2 of South Asia in the Social Sciences |
| Author | Anuj Bhuwania |
| Publisher | Cambridge University Press, 2017 |
| ISBN | 110714745X, 9781107147454 |
| Length | 157 pages |
| Subjects | › › Law / Administrative Law & Regulatory Practice Law / General Social Science / Sociology / General |
| Export Citation | BiBTeX EndNote RefMan |