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Author: Sudhanshu Ranjan
Publisher: Routledge
ISBN: 1317809777
Category : Law
Languages : en
Pages : 359
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Book Description
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.
Author: Sudhanshu Ranjan
Publisher: Routledge
ISBN: 1317809777
Category : Law
Languages : en
Pages : 359
Get Book
Book Description
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.
Author: Tehmtan R. Andhyarujina
Publisher:
ISBN: 9788171180431
Category : Constitutional law
Languages : en
Pages : 56
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Book Description
Author: Amarnath Mohanty
Publisher: Taylor & Francis
ISBN: 1000083802
Category : Law
Languages : en
Pages : 284
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Book Description
This book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its performance and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites.
Author: Sudhanshu Ranjan
Publisher: Routledge
ISBN: 1317809785
Category : Law
Languages : en
Pages : 378
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Book Description
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.
Author: Dr Lm Singhvi
Publisher: Prabhat Prakashan
ISBN: 8184301278
Category : Law
Languages : en
Pages : 376
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Book Description
Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India.
Author: Shree Govind Mishra
Publisher: Sanbun Publishers
ISBN: 9783473473052
Category : Democracy
Languages : en
Pages : 790
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Book Description
Author: B. D. Dua
Publisher: Manohar Publishers
ISBN: 9788173047237
Category : Law
Languages : en
Pages : 494
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Book Description
Few will deny that the post-emergency higher judiciary in India has earned widespread public acclaim for its innovative and creative jurisprudence notwithstanding the argument advanced by some critics that it has exercised excessive jurisdiction, transgressing at times the executive and legislative domains, contrary to the original 'checks and balances' design of the Constitution. While the issue of judicial restraint in the context of constitutional separation of powers deserves serious attention, the fact of the matter is that juristocracy invariably triumphs when the elected representatives in a democracy cannot be trusted to provide good and lawful governance. From this perspective, the unprecedented judicialisation of politics and the growth of judicial activism in India seems to be an organic response to pressures within the political system itself. The contributors to the volume are well-known scholars, lawyers, and academics. They reflect on the itinerary of higher judiciary and its contributions to constitutional law and public good contextualised for the developmental path of the political system since the commencement of the Republic in 1950. The papers cover a variety of topics -- judicial activism, judiciary and ecology, secularism, parliamentary institutions, central executive, new economy, and judicial reforms -- that focus primarily, though not exclusively, on the ramifications of judicial activism for Indian politics.
Author: S. P. Verma
Publisher: Kanishka Publishers
ISBN: 9788173916380
Category : Courts
Languages : en
Pages : 444
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Book Description
Contains 25 Papers And Two Documents Which Book At Various Aspects Of Indian Judicial System At All Levels-Judicial Activism-Appointment Of Judges-Independence Of Judiciary-Rule Of Law Etc.
Author: Anirudh Prasad
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 294
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Book Description
Author: Melvil Pereira
Publisher: Routledge Chapman & Hall
ISBN: 9781138106192
Category :
Languages : en
Pages : 337
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Book Description
This book offers a multifaceted look at Northeast India, and the customs and traditions that underpin its legal framework. The book: - charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernizing region; - explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; - brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and - highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India; legal scholars and students of tribal law; and members of customary law courts of various tribal communities in Northeast India.
