Do Politicians in Power Receive Special Treatment in Courts? Evidence from India

73 Pages Posted: 13 Nov 2020 Last revised: 11 Jan 2023

See all articles by Rubén Poblete-Cazenave

Rubén Poblete-Cazenave

Erasmus University Rotterdam (EUR) - Erasmus School of Economics (ESE); Tinbergen Institute

Date Written: December 15, 2022

Abstract

Do politicians in power receive special treatment in courts? I study judicial discrimination in the world’s largest democracy, India, by analyzing whether pending criminal cases against politicians who marginally win their election are more likely to be closed without a conviction than cases against politicians who marginally lose their elections. I find that winning office increases the chances of a favorable outcome only for politicians from the ruling party. Evidence suggests two main explanations for this result: (1) members of the legislative assemblies aligned with the ruling party misuse executive powers to manipulate prosecutors and police officers, and (2) witnesses turn hostile in high-profile criminal cases.

Keywords: Political power, judiciary independence, discrimination, corruption, criminal justice

JEL Classification: P16, D72, D73, K14, K42

Suggested Citation

Poblete-Cazenave, Rubén, Do Politicians in Power Receive Special Treatment in Courts? Evidence from India (December 15, 2022). Available at SSRN: https://ssrn.com/abstract=3698918 or http://dx.doi.org/10.2139/ssrn.3698918

Rubén Poblete-Cazenave (Contact Author)

Erasmus University Rotterdam (EUR) - Erasmus School of Economics (ESE) ( email )

P.O. Box 1738
3000 DR Rotterdam, NL 3062 PA
Netherlands

Tinbergen Institute ( email )

Burg. Oudlaan 50
Rotterdam, 3062 PA
Netherlands

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