A Critical Analysis Of Judicial Appointments In India With Respect To Higher Judiciary
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A Critical Analysis Of Judicial Appointments In India With Respect To Higher Judiciary
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Author : Sanjit Kumar Naskar
language : en
Publisher: Blue Rose Publishers
Release Date : 2023-05-10
A Critical Analysis Of Judicial Appointments In India With Respect To Higher Judiciary written by Sanjit Kumar Naskar and has been published by Blue Rose Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-10 with Law categories.
The Author Sanjit Kumar Naskar in this book titled A CRITICAL ANALYSIS OF JUDICIAL APPOINTMENTS IN INDIA has referred a wide range of resources viz. books, online law journals, articles from authoritative online resources. Firstly, the Author would review the book written by Prof. Madhav Godbole. In his book titled 'The Judiciary and Governance in India', he advocates for the Judicial Accountability in the higher judiciary and the need for such judicial accountability in India. However, Prof. Madhav Godbole though touched the aspect of accountability of lower judiciary in the form of transfers made by the higher judiciary and also had discussed the politicization of the judiciary in this regard, he completely ignores the transparency in the appointment process regarding the lower judiciary. Secondly, another important literary source which the Author has referred is regarding the Phd.thesis by Prof. V.R. Jayadevan entitled 'Judicial Creativity in Constitutional Interpretation'. The Author has referred this thesis in light of explaining the historical background of system of appointments of judges in the higher judiciary as well as to support the arguments being raised by the Author in relation to the selection of judges and their condition of services in the higher judiciary. Although the research work done by Prof. Jayadevan is detail oriented and well established and argumentative, still the Author finds the holding of Prof. Jayadevan regarding the adoption of seniority rule in the matter of the appointment of CJI in India not proper and has referred the argument of Justice Katju (Refer Chapter II of Dissertation) in order to counter the argument put forward by Prof. Jayadevan in his work. Thirdly, another major literary resource referred by the Author in the current dissertation is of the article 'The NJAC Act - Is it the perfect remedy?' written by Vikram Mishra and Ananth Balaji. In their article, the writers have focused on the NJAC Act, 2014 and analyzed the Act in a critical manner. The Author while critically analyzing the NJAC, Act, 2014 in the Chapter - III of the dissertation has referred to this article and supported his arguments based on the arguments proposed by the writers in the abovementioned article. Though, this article is argumentative and represents the shortcomings of the NJAC Act, 2014 in a plain and language which is easily comprehensible yet this article fails to appreciate the salient features of the NJAC Act, 2014. Although it explains in a precise manner the shift from the collegium system of selection of judges in the higher judiciary to system of appointment of judges in the higher judiciary by the commission established under the NJAC Act, 2014. Lastly, the Author has referred the work of Prof. Tom S. Clark in his book titled 'The Limits of Judicial Independence' which deals with the limits of judicial independence where the author holds that in order to see whether the judiciary is independent or not depends upon the judicial behaviour of the judges of a particular legal system. Although the judicial behaviour holds the key to bring desirable results in the legal system of a particular country still the Author feels that somewhere down the line Prof. Tom S. Clark is not able to justify the significance of the role of judicial behaviour as an additional criteria of selection of judges in the higher judiciary besides measuring the judicial independence of a particular legal system.
An Appraisal Of The Judicial System In India A Critical Study On Judicial Independence Vis Vis Judicial Accountability
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Author : Dr. More Atul Lalasaheb
language : en
Publisher: Lulu.com
Release Date : 2015-09-29
An Appraisal Of The Judicial System In India A Critical Study On Judicial Independence Vis Vis Judicial Accountability written by Dr. More Atul Lalasaheb and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-29 with Law categories.
We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.
Independence And Accountability Of The Higher Indian Judiciary
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Author : Arghya Sengupta
language : en
Publisher: Cambridge University Press
Release Date : 2019-05-23
Independence And Accountability Of The Higher Indian Judiciary written by Arghya Sengupta and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with Law categories.
Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.
Appointment Of Judges To The Supreme Court Of India
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Author : Arghya Sengupta
language : en
Publisher:
Release Date : 2018
Appointment Of Judges To The Supreme Court Of India written by Arghya Sengupta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Electronic books categories.
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide a rich context to it, in terms of philosophical, comparative, and constitutional issues that underpin it. The work traces the history of judicial appointments in India; analyses constitutional principles behind selecting judges and their application in the NJAC Case; and comparatively examines the judicial appointments process in six foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.
The Governance Of Britain
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Author : Great Britain: Ministry of Justice
language : en
Publisher: The Stationery Office
Release Date : 2007-10-25
The Governance Of Britain written by Great Britain: Ministry of Justice and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-10-25 with Business & Economics categories.
The judiciary forms one of the three arms of state (together with the executive and the legislature) and the proper functioning of the judiciary is vital to the proper functioning of any stable democracy. Following on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation paper examines the arrangements for making judicial appointments in England and Wales (as well as considering the possible implications for the devolved administrations in Scotland and Northern Ireland). Issues discussed include: the role of the three arms of state and the doctrine of the separation of powers; fundamental principles that should govern judicial appointments, such as the need to maintain the independence and integrity of the judiciary; and the current process for judicial appointments in the UK and in other countries. It sets out options for reforming existing arrangements for appointing judges for consultation, and the consultation period ends on 17/01/2008.
Whither Indian Judiciary
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Author : Justice Markandey Katju
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-30
Whither Indian Judiciary written by Justice Markandey Katju and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-30 with Law categories.
The book presents, for the first time, a comprehensive and analytical inside view of the Indian judiciary. Justice Katju traces the evolution of law and proceeds to analyse, with incisive insight, matters of critical importance like the appointment of judges, contempt of court, delays in justice and the challenges facing the Indian judiciary. The author draws upon his extensive tenure as a justice of the High Court and Supreme Court to draw examples and relate fascinating personal experiences. He addresses issues like judicial corruption and propagates novel proposals like lawyers to be brought under the Consumer Protection Act. Some memorable judgements which helped in shaping the Indian judiciary have been made by Justice Katju. The book covers these judgements in detail and also includes anecdotes, which bring out the captivating and complex world of the judiciary. A must read book for not just those in the legal field, but all those wanting a never before insight into the Indian judiciary.
The Informal Constitution
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Author : Abhinav Chandrachud
language : en
Publisher: Oxford University Press
Release Date : 2020-11-30
The Informal Constitution written by Abhinav Chandrachud and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1985-01-01
Judicial Independence written by Shimon Shetreet and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-01-01 with Law categories.
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
10 Judgements That Changed India
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Author : Zia Mody
language : en
Publisher: Penguin UK
Release Date : 2013-08-15
10 Judgements That Changed India written by Zia Mody and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-15 with Literary Collections categories.
Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, Ten Judgements That Changed India is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy.
Justice Judocracy And Democracy In India
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Author : Sudhanshu Ranjan
language : en
Publisher: Routledge
Release Date : 2014-03-21
Justice Judocracy And Democracy In India written by Sudhanshu Ranjan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-21 with Law categories.
This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.