AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY PDF Download
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Author: Dr. More Atul Lalasaheb
Publisher: Lulu.com
ISBN: 132958645X
Category : Law
Languages : en
Pages : 511
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Book Description
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.
Author: Dr. More Atul Lalasaheb
Publisher: Lulu.com
ISBN: 132958645X
Category : Law
Languages : en
Pages : 511
Get Book Here
Book Description
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.
Author: Arghya Sengupta
Publisher: Cambridge University Press
ISBN: 1108485650
Category : Law
Languages : en
Pages : 336
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Book Description
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.
Author: Kalraj Mishra
Publisher: Prabhat Prakashan
ISBN: 8184301650
Category : Fiction
Languages : en
Pages : 104
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Book Description
An independent; impartial and authoritative judiciary is an integral part of our judicial system. We require judges who maintain high standards of judicial behaviour to uphold the rule of law and inspire the public confidence in judicial system. This book contains the process of judicial appointments as the same lack transparency. It also analyses various aspects of judicial appointment and impeachment process for removal of corrupt and inefficient judges in view of outcome of impeachment proceedings against Justice Ramaswamy. The writer has suggested for setting up of a Judicial Commission for looking after appointments; transfers and disciplinary proceedings against errant judges. It also contains a review on crime against women and role of different organs in providing justice to common litigants. Pendeney of large number of cases and inordinate delay in disposal of cases are cause of concern for every law-knowing person in the country. The growing tendency of judicial activism is most controversial issue and matter of debate. An effort has been made to find the answers of these vital issues. The book will make a unique contribution to the legal literature and prove to be very informative to every law-loving person of our society.
Author: Sanjit Kumar Naskar
Publisher: Blue Rose Publishers
ISBN:
Category : Law
Languages : en
Pages : 132
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Book Description
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.
Author: Sarkar Ali Akkas
Publisher:
ISBN: 9789843216038
Category : Judges
Languages : en
Pages : 314
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Book Description
Author: Waris Husain
Publisher: Routledge
ISBN: 1351190091
Category : Social Science
Languages : en
Pages : 195
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Book Description
Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
Author: Jiteshwar Kumar Pandey
Publisher: Independently Published
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 0
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Book Description
The Supreme Court of India stands as the guardian of the Constitution and the final arbiter of justice. It is an institution that embodies the principle of fairness, equality and rule of law. However, over the years, allegations and instances of corruption have cast a shadow over its esteemed reputation. This book delves into the dark corridors of judicial corruption within the highest court of India, examining its origins, manifestations and far - reaching consequences. Judicial corruption is not just a legal issue, it is a social malaise that undermines the very foundation of democracy and erodes public trust in the judicial system. Through a comprehensive analysis of historical and contemporary cases, this book aims to shed light on the system flaws and human failings that contribute to this problem. It also explores the role of various stakeholders, including the media, civil society and the legal fraternity, in combating corruption and restoring integrity to the judiciary. As you journey through the pages of this book, you will encounter stories of courage and betrayal, reforms and setbacks, hope and despair. The goal is not only to inform but also to inspire collective action towards a transparent and accountable judicial system. The judgment in SLP 6006 of 2016, Dr. Jiteshwar Kumar Pandey Vs. Union of India, stands as a stark betrayal of the principles of justice and legal procedure. This chapter examines the case's intricate details, showcasing how judicial decisions can sometimes undermine justice and erode public trust in the legal system. Dr. Pandey's refusal to comply with illegal demands by his superiors at NIFTEM, such as approving dubious contracts and purchase orders, led to his termination. He raised objections against fraudulent practices, including falsified quotations for toughened glasses and manipulated tender processes favoring specific contractors. His steadfast integrity and objections to corruption earned him the ire of his superiors, culminating in his unjust dismissal. A petition for an independent CBI inquiry into the misuse of public funds by the then Vice Chancellor, NIFTEM and the issue of illegal termination of services was admitted by a bench headed by justice J. Chelameswar and it has granted several favorable interim orders, passed an order to list the matter before him ensuing summer vacation, to hear the petition. CJI Misra on March 31, 2017 set up a new two judges - bench in violation to its own rules and regulations of the Supreme Court on Part - Heard matter; to hear the Special Leave Petition SLP 6006 of 2016; the newly allocated blue - eyed bench comprising of Justices Adarsh Kumar Goel and Uday Umesh Lalit annulled the order and dismissed the petition in limini, without considering the merits or the substantial questions of law involved. The judgment in SLP 6006 of 2016 not only denied justice to Dr. Pandey but also highlighted systemic issues within the judiciary. The subsequent appointments of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit to prestigious positions post-retirement further fueled concerns about the erosion of judicial independence. The case of Dr. Jiteshwar Kumar Pandey underscores the critical need for transparency, accountability, and adherence to legal principles within the judiciary. The dismissal of his petition, despite clear evidence of corruption and procedural violations, exemplifies a grave miscarriage of justice. This book serves as a reminder of the ongoing struggle to uphold the rule of law and protect the rights of individuals against systemic corruption and judicial impropriety.
Author: David Kosař
Publisher: Cambridge University Press
ISBN: 1107112125
Category : Law
Languages : en
Pages : 487
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Book Description
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321
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Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: Randall Peerenboom
Publisher: Cambridge University Press
ISBN: 1107375584
Category : Law
Languages : en
Pages : 440
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Book Description
This volume challenges the conventional wisdom about judicial independence in China and its relationship to economic growth, rule of law, human rights protection, and democracy. The volume adopts an interdisciplinary approach that places China's judicial reforms and the struggle to enhance the professionalism, authority, and independence of the judiciary within a broader comparative and developmental framework. Contributors debate the merits of international best practices and their applicability to China; provide new theoretical perspectives and empirical studies; and discuss civil, criminal, and administrative cases in urban and rural courts. This volume contributes to several fields, including law and development and the promotion of rule of law and good governance, globalization studies, neo-institutionalism and studies of the judiciary, the emerging literature on judicial reforms in authoritarian regimes, Asian legal studies, and comparative law more generally.
