Independence and Accountability of the Higher Indian Judiciary
Free Download Independence and Accountability of the Higher Indian Judiciary By Arghya Sengupta
2019 | 317 Pages | ISBN: 1108485650 | PDF | 3 MB
The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.


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The Legislature and the Judiciary Judicial Pronouncements on Parliament and State Legislatures
Free Download The Legislature and the Judiciary: Judicial Pronouncements on Parliament and State Legislatures By K. N. Chandrasekharan Pillai; Dr. Raghbir Singh; Rajya Sabha Secretariat
2010 | 538 Pages | ISBN: 8125041915 | PDF | 19 MB
The Indian Constitution provides for a federal form of government, with a division of power between the legislative and executive arms of the state. Both institutions have evolved, over the years, as mature, dynamic and relatively autonomous in their respective spheres of activity further strengthening the edifice of democracy. While these two organs have functioned with restraint and responsibility, the legitimate concerns of the respective institutions to guard their autonomy have led to differences between the two. Since independence, the courts have been called upon on numerous occasions to resolve such conflicts. A pioneering volume, The Legislature and the Judiciary explains the powers, privileges and immunities of legislatures in India. It also highlights the role of the judiciary in articulating a constitutional position on the legislature s autonomy, along with a detailed discussion of all the important cases dealt by the high courts and the Supreme Court. In the critical Foreword, eminent jurist Upendra Baxi provides a brief background to the birth of the Indian constitution. He highlights how the constitution-makers were profoundly influenced by the powers, privileges and immunities enjoyed by the House of Commons. He draws our attention to the interesting fact that a majority of cases filed so far are by the legislators themselves, and explains the need for them to have privileges and immunities. This volume consists of two sections. Section 1 details the evolution of law through judicial interpretations of provisions relating to Parliament and the State Legislature. Stating, precisely, the current position of the law, it encapsulates the principles of law laid down by the high courts and the Supreme Court. Section 2 provides a brief summary of judgments. Almost all the significant rulings of the high courts and the Supreme Court relating to Parliament and the State Legislatures have been incorporated in this section. This consolidation of legal information will facilitate a clear understanding of the existing legal position of the legislature. This volume will also be a valuable resource for constitutional experts, jurists, students of political science and law, and legislators.


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