The Judiciary and (Labour) Law in the Development Discourse in India

Research output: Article


[Amongst the range of development theories available today international institutions promote only a definite development agenda – the neo-liberal development agenda – through the invocation of 'rule of law' principle. But, the development agenda so pursued comes in conflict with the actual development (improvement) of the underprivileged and marginalized section of the population. In this essay I argue that rediscovery of the 'rule of law' by Indian judiciary under neo-liberal influence conflicts with the 'support led' development of the marginalized section of the population. Therefore, one agenda of development (i.e., the neo-liberal agenda of development) facilitated by the law is itself an obstacle in the realization of other more direct developmental approaches. In so arguing I refer to the three dominant development theories – sustainable development approach, capability approach and the neo-liberal empowerment approach. I analyse these development approaches in the labour law context of the country to prove my thesis.]
Original languageEnglish
Pages (from-to)237-257
Number of pages21
JournalVerfassung und Recht in Ubersee
Issue number2
Publication statusPublished - 2011

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