Continuing mandamus: a sufficient protector of socio-economic rights in India?

Alva, Rohan Joachim (2014) Continuing mandamus: a sufficient protector of socio-economic rights in India? Hong Kong Law Journal, 44 (1). pp. 207-229. ISSN 3780-600

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Social rights adjudication has an important role to play in enforcing and entrenching socio-economic rights. The Indian Supreme Court’s record in adjudicating socioeconomic rights has been formidable, but in spite of devising a range of methods by which socio-economic rights may be implemented, the Supreme Court faces a challenge in terms of implementation. This article argues that a modification of its methodology of adjudication might lead to better implementation of socioeconomic rights decisions and reduce re-litigation. This article posits that in social rights adjudication, the Supreme Court must frame comprehensive mandatory orders, an adherence of which will lead to wholesome implementation of socioeconomic rights. Thereafter, the Supreme Court must vest the National Human Rights Commission with the responsibility of overseeing the implementation of the decision. This method, it will be argued, by combining comprehensive mandatory orders with competent post-decisional monitoring, is eminently suited to ensure that the decisions of the Supreme Court on socio-economic rights are implemented and the transformative ideals of the Indian Constitution are realised.

Item Type: Article
Keywords: Socio-economic rights
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 28 Feb 2022 06:22
Last Modified: 11 Apr 2023 09:35


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