Interim Orders Without Reasons: A Threat To Procedural Fairness And Judicial Accountability In Indian Courts
Updated: 7 days ago
Debashis Lenka, LL.B., National Law University, Odisha
Shree Jishnu Patra, LL.B., National Law University, Odisha
ABSTRACT
The present paper is concerned with the problem of Indian courts where interim orders are made in the absence of any written reasons under Order XXXIX of the Code of Civil Procedure, 1908 (CPC) and discusses the implications of such practice on procedural justice and judicial accountability. The present paper adopts the doctrinal methodology and comparative analysis to identify the legal framework within which the interlocutory orders can be issued. The study concludes that the courts treat interim applications by taking into consideration three aspects including the case at prima facie, balance of convenience, irreparable injury, and maintainability but are often reduced to a unreasoned order. Judicial overcrowding in structure is the core of this problem as cases remain in cold storage between filing and final hearing, the interlocutory phase becomes the sole form of active judicial intervention, which compels parties to seek and courts to grant wide relief without strict justification. Based on Law Commission reports, and English and American models of comparative civil procedure, the constitutional imperative of reasoned adjudication, this paper proposes statutory amendment, procedural checklists, appellate procedures, and judicial training as stratum levels of reform to add accountability to interim adjudication.
Keywords: Interim Orders, Code of Civil Procedure, Interlocutory orders
