“Prelegislative Impact Assessment”, 4 April 2022
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: 4 April 2022
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 examines how Bihar’s strict prohibition law inadvertently paralyzed the state's judiciary. By criminalizing consumption, the state created a massive backlog of cases, leading to the incarceration of thousands of poor citizens for minor infractions. Baxi critiques this as "legislative thoughtlessness," where a populist law was passed without providing the necessary judicial infrastructure to handle the fallout. This "law-induced backlog" undermines the right to a speedy trial. He argues that prohibition has become a "procedural nightmare," effectively turning the legal process into a form of punishment for those who cannot afford prolonged litigation. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository