The National Institution for Transforming India (NITI Aayog) has recently requested ‘Consumer Unity and Trust Society (CUTS) International’, a globally recognized research institution, to analyze the “economic impact” of multiple judgments given by different courts and tribunals. This includes studying the ‘judicial activism’ displayed by such courts and tribunals.
Judicial Activism, or ‘judicial dynamism’, signifies the proactive role undertaken by the judiciary in encouraging the other two branches of the government—legislature and executive—to fulfill their constitutional responsibilities. It stands in opposition to “judicial restraint,” which involves the judiciary exercising self-control.
About the Conducting Organization
The study is assigned to the CUTS (Consumer Unity and Trust Society) Centre for Competition, Investment and Economic Regulation, a Jaipur-headquartered organisation with an expansive international footprint. Known for its relentless pursuit of social justice and economic fairness, both within and beyond borders, CUTS is a recognized, registered, non-profit, non-partisan NGO.
Objective of the Study
The study seeks to build a “narrative to sensitize the judiciary about the economic repercussions of their decisions”. The goal is to conduct an impartial cost-benefit analysis to understand the economic consequences of these judgements.
Projects Under Scrutiny
This study plans to scrutinise five significant projects that have been “impacted” by legal verdicts from the Supreme Court or the National Green Tribunal. These case studies include the construction of Mopa airport in Goa; suspension of iron ore mining in Goa; closure of the Sterlite copper plant in Thoothukudi, Tamil Nadu, among other cases involving sand mining, and construction activities in the National Capital Region.
Evaluation Process
The intended evaluation procedure is all-inclusive; it includes conducting interviews with those affected by project closures, environmental activists, experts, and assessing the economic impact of such shutdowns.
Significance of the Study
The conclusions drawn from this study are aimed to be used for training judges at commercial courts, NGT, High Courts, and the Supreme Court. The findings could significantly influence public discourse among policymakers aiming to promote an “economically responsible approach by judiciary” in their decisions. Moreover, the study is part of a more comprehensive project undertaken by NITI Aayog, which intends to establish a judicial performance index measuring the performance of judges at district courts and subordinate levels.
Previous Studies Undertaken by CUTS International
In 2017, CUTS International conducted a similar study to evaluate the economic impact of the Supreme Court’s decision to enforce a ban on liquor shops within 500 meters of any highway. That study emphasized the need for detailed examination of cases involving substantial social and economic aspects. It suggested the establishment of expert committees that can engage economists to analyze the cost/benefits before a judgment is pronounced. The Supreme Court has established expert committees for cases in the past, such as the Supreme Court Committee on Road Safety under the Chairmanship of Justice K.S. Radhakrishnan in 2014, and the Justice Lodha Committee set up in 2015 for reforms within the Board of Control for Cricket in India, among others.
Last Modified: February 10, 2024