Saturday, November 15, 2008

PIL jurisprudence: Change in Supreme Court's approach

If an instance is required to illustrate the shift in Supreme Court's PIL jurisprudence between 1990s and now, it is this. The petitioner, the Association for Democratic Reforms, wanted to ensure proper compliance with the Court's own direction to political parties to file income tax returns in 1996. But the Court declined to interfere, calling the petition ill-timed because of the ensuing assembly elections. Surely, the petitioner's prayer could have been addressed without restricting the parties' ongoing election campaign.
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