Freebies Free Ride and Courtcraft, 18 October 2024
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: 18 October 2024
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
The article examines the Supreme Court’s handling of the “freebies” litigation through the lens of courtcraft, discretion, and judicial administration. Without commenting on the merits, it questions the legitimacy of prioritising certain disputes and probes whether “evasive jurisprudence” operates through delayed scheduling by the Chief Justice as Master of the Roster. Revisiting the 2013 Balaji judgment, the piece interrogates why reconsideration was ordered and whether enforceable judicial standards on electoral freebies are possible. It highlights tensions between judicial restraint, fiscal policy, democratic choice, and constitutional limits, ultimately asking whether such matters are better left to Parliament rather than judicial innovation. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository