Public Interest Litigation in India : Overreaching or Underachieving?
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 li...
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| Format: | Policy Research Working Paper |
| Language: | English |
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2012
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| Online Access: | http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20091103104346 http://hdl.handle.net/10986/4298 |
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okr-10986-42982021-04-23T14:02:17Z Public Interest Litigation in India : Overreaching or Underachieving? Gauri, Varun ABSTRACTION ACCESS TO COURTS ACCESS TO JUSTICE ACCESSION ADJUDICATION ADMINISTRATION OF JUSTICE ADVISORS ADVOCACY AMPARO ARTICLE BENCHMARK BENCHMARKS CASE LAW CHILDREN'S RIGHTS CIVIL LAW CIVIL SERVICE CLASSIFICATION COMMON LAW CONSTITUTIONAL COURTS CORRUPTION COUNSEL COURT COURT DECISIONS COURT RECORDS COURTS CRIMINAL CRIMINAL JUSTICE CUSTODY DEMOCRACIES DEMOCRACY DISPUTE RESOLUTION DOCUMENTS DOMAIN ECONOMIC RIGHTS ELECTIONS ENVIRONMENTAL LAW FILING FUNDAMENTAL RIGHT FUNDAMENTAL RIGHTS GENDER HISTORIANS HUMAN RIGHTS INEQUALITIES INEQUALITY JAILS JUDGE JUDGES JUDICIAL ACCOUNTABILITY JUDICIAL ACTIVISM JUDICIAL APPOINTMENTS JUDICIAL CAPACITY JUDICIAL CORRUPTION JUDICIAL INSTITUTIONS JUDICIAL POWER JUDICIAL REVIEW JUDICIARY JURIDICAL SCIENCES JUSTICES JUVENILE JUSTICE LAWS LAWYERS LEGAL REPRESENTATION LEGAL RIGHTS LIABILITY LIBERTY LITIGATION POLICE POLITICAL RIGHTS PRISON PRISONERS PRIVILEGES PROBABILITY PUBLIC INTEREST LITIGATION RAPE RIOTS RULE OF LAW SEXUAL HARASSMENT SOCIAL ACTION LITIGATION SOCIAL JUSTICE SOCIAL PROBLEMS SOCIAL RIGHTS SOCIAL SCIENCES TORTURE TRAFFICKING WEB WILL 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. 2012-03-19T19:13:31Z 2012-03-19T19:13:31Z 2009-11-01 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20091103104346 http://hdl.handle.net/10986/4298 English Policy Research working paper ; no. WPS 5109 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Publications & Research :: Policy Research Working Paper Publications & Research South Asia South Asia South Asia Asia India |
| repository_type |
Digital Repository |
| institution_category |
Foreign Institution |
| institution |
Digital Repositories |
| building |
World Bank Open Knowledge Repository |
| collection |
World Bank |
| language |
English |
| topic |
ABSTRACTION ACCESS TO COURTS ACCESS TO JUSTICE ACCESSION ADJUDICATION ADMINISTRATION OF JUSTICE ADVISORS ADVOCACY AMPARO ARTICLE BENCHMARK BENCHMARKS CASE LAW CHILDREN'S RIGHTS CIVIL LAW CIVIL SERVICE CLASSIFICATION COMMON LAW CONSTITUTIONAL COURTS CORRUPTION COUNSEL COURT COURT DECISIONS COURT RECORDS COURTS CRIMINAL CRIMINAL JUSTICE CUSTODY DEMOCRACIES DEMOCRACY DISPUTE RESOLUTION DOCUMENTS DOMAIN ECONOMIC RIGHTS ELECTIONS ENVIRONMENTAL LAW FILING FUNDAMENTAL RIGHT FUNDAMENTAL RIGHTS GENDER HISTORIANS HUMAN RIGHTS INEQUALITIES INEQUALITY JAILS JUDGE JUDGES JUDICIAL ACCOUNTABILITY JUDICIAL ACTIVISM JUDICIAL APPOINTMENTS JUDICIAL CAPACITY JUDICIAL CORRUPTION JUDICIAL INSTITUTIONS JUDICIAL POWER JUDICIAL REVIEW JUDICIARY JURIDICAL SCIENCES JUSTICES JUVENILE JUSTICE LAWS LAWYERS LEGAL REPRESENTATION LEGAL RIGHTS LIABILITY LIBERTY LITIGATION POLICE POLITICAL RIGHTS PRISON PRISONERS PRIVILEGES PROBABILITY PUBLIC INTEREST LITIGATION RAPE RIOTS RULE OF LAW SEXUAL HARASSMENT SOCIAL ACTION LITIGATION SOCIAL JUSTICE SOCIAL PROBLEMS SOCIAL RIGHTS SOCIAL SCIENCES TORTURE TRAFFICKING WEB WILL |
| spellingShingle |
ABSTRACTION ACCESS TO COURTS ACCESS TO JUSTICE ACCESSION ADJUDICATION ADMINISTRATION OF JUSTICE ADVISORS ADVOCACY AMPARO ARTICLE BENCHMARK BENCHMARKS CASE LAW CHILDREN'S RIGHTS CIVIL LAW CIVIL SERVICE CLASSIFICATION COMMON LAW CONSTITUTIONAL COURTS CORRUPTION COUNSEL COURT COURT DECISIONS COURT RECORDS COURTS CRIMINAL CRIMINAL JUSTICE CUSTODY DEMOCRACIES DEMOCRACY DISPUTE RESOLUTION DOCUMENTS DOMAIN ECONOMIC RIGHTS ELECTIONS ENVIRONMENTAL LAW FILING FUNDAMENTAL RIGHT FUNDAMENTAL RIGHTS GENDER HISTORIANS HUMAN RIGHTS INEQUALITIES INEQUALITY JAILS JUDGE JUDGES JUDICIAL ACCOUNTABILITY JUDICIAL ACTIVISM JUDICIAL APPOINTMENTS JUDICIAL CAPACITY JUDICIAL CORRUPTION JUDICIAL INSTITUTIONS JUDICIAL POWER JUDICIAL REVIEW JUDICIARY JURIDICAL SCIENCES JUSTICES JUVENILE JUSTICE LAWS LAWYERS LEGAL REPRESENTATION LEGAL RIGHTS LIABILITY LIBERTY LITIGATION POLICE POLITICAL RIGHTS PRISON PRISONERS PRIVILEGES PROBABILITY PUBLIC INTEREST LITIGATION RAPE RIOTS RULE OF LAW SEXUAL HARASSMENT SOCIAL ACTION LITIGATION SOCIAL JUSTICE SOCIAL PROBLEMS SOCIAL RIGHTS SOCIAL SCIENCES TORTURE TRAFFICKING WEB WILL Gauri, Varun Public Interest Litigation in India : Overreaching or Underachieving? |
| geographic_facet |
South Asia South Asia South Asia Asia India |
| relation |
Policy Research working paper ; no. WPS 5109 |
| description |
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. |
| format |
Publications & Research :: Policy Research Working Paper |
| author |
Gauri, Varun |
| author_facet |
Gauri, Varun |
| author_sort |
Gauri, Varun |
| title |
Public Interest Litigation in India : Overreaching or Underachieving? |
| title_short |
Public Interest Litigation in India : Overreaching or Underachieving? |
| title_full |
Public Interest Litigation in India : Overreaching or Underachieving? |
| title_fullStr |
Public Interest Litigation in India : Overreaching or Underachieving? |
| title_full_unstemmed |
Public Interest Litigation in India : Overreaching or Underachieving? |
| title_sort |
public interest litigation in india : overreaching or underachieving? |
| publishDate |
2012 |
| url |
http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20091103104346 http://hdl.handle.net/10986/4298 |
| _version_ |
1764390816614187008 |