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ICLP Book Discussion: Anuj Bhuwania’s ‘Courting the People’ — Roundup

Indian Constitutional Law and Philosophy

Over the last ten days, the Indian Constitutional Law and Philosophy Blog has hosted a book discussion of Anuj Bhuwania’s new work on PIL, titled Courting the People: Public Interest Litigation in Post-Emergency India. The discussion has featured Aparna Chandra, Suhrith Parthasarathy, myself, and Anuj. Here is a round-up of the essays:

  1. A Radical Revision: An opening summary of the book, which aims to distil its core claim in the form of seven theses about PIL (the redundancy of the petitioner, the power of the amicus, no hearing of stakeholders, departure from the rules of evidence, unanticipated consequences of poly-centric disputes, incorrect conceptual framing of issues, and outcome-based reasoning).
  2. Swords, Shields, and Where Do We Go From Here?In my analysis of the book, I argue that PIL adjudication has bled into civil rights jurisprudence, to the detriment both of core civil liberties, as well as the…

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