Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Whither Indian Judiciary written by Justice Markandey Katju and published by Bloomsbury Publishing. This book was released on 2018-04-30 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Evolution of Indian Judiciary written by Dr Lm Singhvi and published by Prabhat Prakashan. This book was released on 2012-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indian Judiciary and Politics written by B. D. Dua and published by Manohar Publishers. This book was released on 2007 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book India s Legal System R J written by Fali S Nariman and published by Penguin UK. This book was released on 2017-05-24 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: An incisive and comprehensive view of India’s legal process and its key issues India has the second-largest legal profession in the world, but the systemic delays and chronic impediments of its judicial system inspire little confidence in the common person. In India’s Legal System, renowned constitutional expert and senior Supreme Court lawyer Fali S. Nariman explores the possible reasons. While realistically appraising the criminal justice system and the performance of legal practitioners, he elaborates on the different aspects of contemporary practice, such as public interest litigation, judicial review and activism. In lucid, accessible language, Nariman discusses key social issues such as inequality and affirmative action, providing real cases as illustrations of the on-ground situation. This frank and thought-provoking book offers valuable insights into India’s judicial system and maps a possible road ahead to make justice available to all.
Download or read book Justice versus Judiciary written by Sudhanshu Ranjan and published by Oxford University Press. This book was released on 2019-04-17 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility. Building on this narrative, the book advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. This book, thus, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, tends to pass orders which lack the scope for implementation. The book suggests measures to improve the functioning of Indian judicial system and save the institutions of justice from turning autocratic and narcissistic.
Download or read book Modernisation of e Judiciary in India written by DR. K.V. SREENIVASAN and published by Clever Fox Publishing. This book was released on with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern computer era we have computerised everything including the medical profession but why we have not updated our Indian judiciary system alone so far into digital model? Even after the Supreme Court of India had set up a special committee and the committee had given its recommendations during the year 2005 itself and the government also spent during 2011-2015 Rs 640 crs for phase I and Rs 1078 crs for computerisation for creating infra for implementation of e-courting system out of total financial outlay of Rs 1630 crs, allocated money for this. But why it had not been fully implemented is the million dollar questions raised by the public?. Whether it is because of self-interest of the Judiciary or the advocates or court administration?, in spite of more than 3.20 crores are pending before all Indian Courts for decades together? Failure of our part to digitalisation of the court cases records and procedure so far the judicial industry is very much affected due to this corona lockdown period. It is a major setback for judiciary since the “justice delayed means justice denied” How long our judiciary will keep silent for not opening the courts due to corona like virus effect., God only knows the fact. Among the four pillars of our Constitution except Judiciary all the three viz.,Government, Administration and Press are being working for 24X7 , but judiciary is closed its office. In order to overcome this situation I bought up this book “E- Courting and Modernisation of e-judiciary in India “which includes the e- filing procedure before SC & HCs and District courts and SC guidelines regarding the implementation of the e- courting system etc for the benefit of Legal fraternity to switch over immediately in to digital courting and to reduce the pending cases and provide quick justice to our needy poor in time and render them quick justice. Jai Hind.
Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Download or read book Crisis in Indian Judiciary written by Kawdoor Sadananda Hegde and published by . This book was released on 1973 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Court of India written by George H. Gadbois and published by Oxford University Press. This book was released on 2018-01-25 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.
Download or read book Our Judiciary written by B. R. Agarwala and published by NBT India. This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the development of judiciary in india from ancient times to the present day and examines the different courts, commissions and tribunals in detail.A handy reference tool for the klayman interested in the judicial system and processes of the law.
Download or read book Judicial Nemesis written by Raj Nath Bhat and published by Atlantic Publishers & Dist. This book was released on 1997 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is This Sudden Overnight Metamorphosis; From, Yesterdays Man With All His Ambitions, Personal Bias And With Personal Greed And Aggrandizement...To A Today S Man Dis¬Passionate, Honest, Selfless, Unbiased, Unruffled By Past Fads And Past Likes And Dislikes...And Has Now Imbibed Overnight All The Attributes That We Ascribe To A High Court Judge; A True Miracle? Is It On The Other Hand, A Mirage, A Sham And Deceptive Facade...To Bewilder The Society At Large And Baffle It To Its Acceptance.Why Should The Judges Feel Shy Of Leaving Record Of What They Do In The Court? One Cannot Contradict The View That Such Attitude Of The Judges Is To Hide Their Incapacity...And Their Vested Way Of Dealing With A Matter.It Is Therefore Imperative...We Must Have A Very Powerful And Highly Organised Body Of Ombudsman... It Must Not Be Misconstrued To Mean That Ombudsman Should Be An Appellate Court.No Amount Of Effort, Analysis And Incisiveness Would Be Exaggerated...In No Case Should Be Allowed To Fall Short Of The Absolute. One May Not Necessarily Agree With Each And Every Observation Made, Conclusions Drawn Or Remedy Suggested By The Author In This Book On Its Very First Reading. But, It Can Hardly Be Disputed That All These Observations, Conclusions And Remedies Are Thought Pro¬Voking Which Indubitably Merit Thorough Deliberation At Different Levels Before They Are Accepted Or Rejected. Justice I.K. KotwalFormer Judge Of The High Court Of Jammu And Kashmir
Download or read book Courts of India Past to Present written by Supreme Court of India and published by Publications Division Ministry of Information & Broadcasting. This book was released on with total page 1030 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written by eminent judges, advocates and legal luminaries among others under the expert guidance of an Editorial Board constituted by the Supreme Court. It is an attempt to trace the historical evolution of courts in India. The book attempts to identify the diverse court systems prevalent in India, map its historical origins and contextualize the present system of courts.
Download or read book Indian Judiciary written by Pannalal Dhar and published by . This book was released on 1993 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Activism in India written by Satyaranjan Purushottam Sathe and published by Oxford University Press, USA. This book was released on 2002 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.
Download or read book The Judicial System of British India Considered with Especial Reference to the Training of the Anglo Indian Judges By an Indian Official written by India and published by . This book was released on 1852 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice Frustrated written by and published by Bloomsbury Publishing. This book was released on 2020-05-31 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when justice is delayed? It is denied, certainly. That answer, while a truism, is also incomplete, for it does not describe the depth, intensity, and complexity of the impact of delay in Indian courts. Several questions may be considered in this context: How does an undertrial prisoner bring up her child in prison? How does delay in disposal of a claim affect a company's business? Who suffers when land acquisition is mired in litigation-landowner or the public? Does involvement in prolonged litigation detract from a government's primary purpose? Will appointing more judges solve the problem of delay and rising pendency? Are amendments to law and policy working to mitigate delays? To answer these and other questions, this volume of essays-to which lawyers, economists, sociologists, researchers, and a High Court judge have contributed-goes beyond understanding the price of delay in terms of lost time and money. Instead, it examines the effects of delay at multiple levels-individual, institutional, societal, and systemic-through critical data analyses. It also presents innovative use of cross-disciplinary methods to understand what causes delay, how its impact can be measured, and how its effects can be anticipated and avoided. Targeted systemic interventions are crucial to minimise the adverse impact of delays, so that justice is neither delayed nor frustrated, or, indeed, reduced to mere illusion!
