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Justice Judocracy And Democracy In India
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Book Synopsis Justice, Judocracy and Democracy in India by : Sudhanshu Ranjan
Download or read book Justice, Judocracy and Democracy in India written by Sudhanshu Ranjan and published by Routledge. This book was released on 2014-03-21 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judicial Activism and Constitutional Democracy in India by : Tehmtan R. Andhyarujina
Download or read book Judicial Activism and Constitutional Democracy in India written by Tehmtan R. Andhyarujina and published by . This book was released on 1992 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Justice, Democracy and State in India by : Amarnath Mohanty
Download or read book Justice, Democracy and State in India written by Amarnath Mohanty and published by Taylor & Francis. This book was released on 2020-11-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Evolution of Indian Judiciary by : Dr Lm Singhvi
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.
Book Synopsis Democracy in India by : Shree Govind Mishra
Download or read book Democracy in India written by Shree Govind Mishra and published by Sanbun Publishers. This book was released on 2000 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indian Judiciary and Politics by : B. D. Dua
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.
Book Synopsis Indian Judicial System by : S. P. Verma
Download or read book Indian Judicial System written by S. P. Verma and published by Kanishka Publishers. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Democracy, Politics, and Judiciary in India by : Anirudh Prasad
Download or read book Democracy, Politics, and Judiciary in India written by Anirudh Prasad and published by . This book was released on 1983 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Issues Before the Nation by : Hans Raj Khanna
Download or read book Issues Before the Nation written by Hans Raj Khanna and published by . This book was released on 1988 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: On judiciary and politics in India; speeches and addresses.
Book Synopsis Judicial Behaviour and Decision Making of the Supreme Court of India by : Manas Chakrabarty
Download or read book Judicial Behaviour and Decision Making of the Supreme Court of India written by Manas Chakrabarty and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contempt of Court and Freedom of Speech by : Bibha Tripathi
Download or read book Contempt of Court and Freedom of Speech written by Bibha Tripathi and published by Readworthy. This book was released on 2010 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech and a free and fair justice delivery system are two most important components of democracy, and striking a balance between them is a must for its smooth running. The law of contempt of court in India has assumed immense social and political significance due to growing judicial tendency to gag and often to subjugate the democratic aspirations and dissent. This book presents a critical assessment of the freedom of speech as enshrined in the Indian Constitution and encroachment on it by the proactive approach of judiciary through the instrument of the law of contempt of the court. Tracing the history of the contempt of court, it discusses at length the various aspects of democracy and freedom of speech, the status of contempt of court in various countries, the law of contempt and constitutional guarantees, and judicial accountability. It also tries to explore gender biases in the delivery of justice in the cases related to the contempt of court.
Book Synopsis Towards Juristocracy by : Ran Hirschl
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Book Synopsis Law and Democracy in Contemporary India by : Tatsuya Yamamoto
Download or read book Law and Democracy in Contemporary India written by Tatsuya Yamamoto and published by Springer. This book was released on 2018-11-27 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws. The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.
Book Synopsis Justice Versus Judiciary by : Sudhanshu Ranjan
Download or read book Justice Versus Judiciary written by Sudhanshu Ranjan and published by Oxford University Press, USA. This book was released on 2019-07-12 with total page 320 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 and calls for strict adherence to dos and don'ts. This book builds upon this narrative and 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. The work emphasizes that the need for judicial accountability has increased in recent times as the judiciary is, nowadays, performing not only judicial functions, but virtually executive functions also, for which the government is accountable to the people. The author, in particular, 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, passes orders which are simply not implementable. For example, the intervention of the Supreme Court in the matter of the interlinking of rivers, a policy decision which falls clearly in the domain of the Executive. The book advocates the need for judicial accountability to save the institutions of justice from turning autocratic and narcissistic.
Book Synopsis A Critical Analysis of Judicial Appointments in India (with respect to Higher Judiciary) by : Sanjit Kumar Naskar
Download or read book A Critical Analysis of Judicial Appointments in India (with respect to Higher Judiciary) written by Sanjit Kumar Naskar and published by Blue Rose Publishers. This book was released on 2023-05-10 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Justice versus Judiciary by : Sudhanshu Ranjan
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.
Book Synopsis Judicial Activism by : Christopher Wolfe
Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
