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Donor supported law making in India

Oct 01, 2008

Social Watch India has released the first perspective paper titled: Law Under Globalization. Providing an insight into recent trends in both law making processes and judicial behaviour, the paper stresses on how the logic and instruments of globalisation are directly affecting the rule of law in the country.

Law Under Globalization – Assessing Donor Supported Law Making and Judicial Behaviour in India

Author: Videh Upadhyay

Publisher: Social Watch India, 2008

SocialWatchReport.JPGAfter evaluating the impact of global forces on law making, and examining this closely with respect to law reform in one particular area – that of irrigation laws – the paper reviews the case law from the Supreme Court of India to ascertain whether the dominant economic ideology of today is beginning to influence the ‘inarticulate major premises’ of the verdicts or not.

The paper released recently in New Delhi was followed by a panel discussion on the subject, attended by the noted Indian opinion maker and practitioner on judiciary Prof. N.R. Madhava Menon, Member of Parliament Dr. E.M.S Natchiappan and some other noted academicians.

The paper mainly deals with four parts firstly, the global context of law making today; secondly, the phenomena of donor funded law reforms; thirdly, globalisation and judicial behaviour; and fourthly, searching anchors for a ‘non-aligned’ and responsive legal order.

The Social Watch Coalition, which has been preparing Social Watch reports for the last several years, is now embarked in a new project of ‘Occasional papers’.

These papers analyse critical issues in the development agenda, thereby promoting informed public discourse and better governance.

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