“Interlocutory Orders: To Stay or Not To Stay?”, 13 July 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 13 July 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi discusses the "epidemic of stay orders" in Indian courts, which often paralyze administrative action or delay criminal trials for decades. He analyzes the Supreme Court’s attempts to limit the life of "interlocutory orders" (temporary stays). The article argues that while stays are necessary to prevent "irreparable harm," they are often misused as a "tactic of delay" by the powerful. Baxi supports a more disciplined approach where stays expire automatically unless renewed for valid reasons, ensuring that the "interim" does not become the "eternal" and obstruct the final delivery of justice. In India Legal.
Repository Details
Part of the NLS Law and Society Archives Repository