Democracy and People’s Rights in the Neo-Liberal Era: Role of Judiciary

M.B.Rajesh

Working Papers from eSocialSciences

Abstract: The recent judgments and orders from various levels of higher judiciary indicate a drastic shift in their outlook and approach. A close look reveals two trends developing within the judiciary. Firstly, the judiciary has been exhibiting a clear bias towards markets and big business. On the other hand, there is a growing apathy towards the issues of poor, downtrodden, working class and other exploited sections. Secondly, recent pronouncements of the courts show a growing intolerance towards the democratic rights of people and their organised activities. In sum, the progressive judicial activism of previous welfare state era has been transformed into a reactionary activism in favour of ruling classes and against the democratic rights of the people.

Keywords: democracy; judiciary; judicial activism; Supreme Court; TMA Pai Vs. State of Karnataka; Ambani-Birla Commission Report; Mohini Jain case; Unnikrishnan Vs. State of Andhra Pradesh; medical college admissions; Coca Cola plant; Plachimada; Narmada case; Enron Power Project; Balco; anti-strike judgement; T.K. Rangarajan Vs. State of Tamil Nadu; Gujarat Steel Tubes case; workers' right to strike; labour laws; Sojan Francis case; Law; Legal Studies; Political Science (search for similar items in EconPapers)
Date: 2006-03
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