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Independence and accountability of the Indian higher judiciary

By: Sengupta, Arghya.
Material type: materialTypeLabelBookPublisher: Cambridge Cambridge University Press 2019Description: xviii, 317 p. It includes bibliography and index.ISBN: 9781108485654.Subject(s): Judicial independence | India - Supreme Court | Judges - Selection and appointmentDDC classification: 347.54035 Summary: 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. https://www.cambridge.org/core/books/independence-and-accountability-of-the-higher-indian-judiciary/388A11CB98E03406C52BEAD0F5DF298C#fndtn-information
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Slot 1096 (0 Floor, East Wing) Non-fiction 347.54035 S3I6 (Browse shelf) Available 200394

Table of Content

Front matter pp i-iv
Dedication pp v-vi
Contents pp vii-viii
Acknowledgement pp ix-x
List of Abbreviations pp xi-xii
List of Cases pp xiii-xvi
List of Statutes pp xvii-xviii
1 – Introduction pp 1-10

PART I - THE INDIAN EXPERIENCE pp 11-12
2 - Pre-Tenure Questions: Appointments to the Higher Judiciary pp 13-62
3 - In-Tenure Questions: Mechanisms for Judicial Discipline pp 63-99
4 - Post-Tenure Questions: Post-Retirement Appointments of Judges by Government pp 100-116

PART II - A CONCEPTUAL ANALYSIS pp 117-118
5 - Judicial Accountability pp 119-139
6 - Judicial Independence pp 140-167
7 - In Search of an Effective Judiciary: A Doctrinal Reconciliation of Judicial Independence and Accountability pp 168-204

PART III - TYING THE STRANDS pp 205-206
8 - Harmonising Judicial Independence and Judicial Accountability in Indiapp 207-234
9 - Conclusion: A Reform Proposal for the Indian Higher Judiciary pp 235-263

Epilogue: The Moment the Judiciary Came Out pp 264-270
Appendix - Post-Retirement Employment of Judges in Government-Appointed Positions pp 271-284
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Bibliography pp 285-310
Index pp 311-317

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.

https://www.cambridge.org/core/books/independence-and-accountability-of-the-higher-indian-judiciary/388A11CB98E03406C52BEAD0F5DF298C#fndtn-information

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