| Description |
1 online resource (1 volume) |
| Contents |
Cover; Independence and Accountability of the Indian Higher Judiciary; Title; Copyright; Dedication; Contents; Acknowledgements; Abbreviations; Cases; INDIAN CASES; OTHER CASES; Statutes; INDIAN STATUTES AND OTHER LEGISLATIVE DOCUMENTS; OTHER STATUTES; 1 Introduction; PART I THE INDIAN EXPERIENCE; 2 Pre-Tenure Questions: Appointments to the Higher Judiciary; 2A CONSTITUTIONAL POSITION: THE CONSTITUENT ASSEMBLY ON JUDICIAL APPOINTMENTS; 2B CONSTITUTIONAL PRACTICE: EXECUTIVE-LED APPOINTMENTS; 2C CONSTITUTIONAL ADJUDICATION: THE THREE JUDGES' CASES; 2C.1 The First Judges' Case |
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2C.2 The Second Judges' Case2C.2.a Flaws in Reasoning; 2C.2.b Flaws in the Result; 2C.3 The Third Judges' Case and Its Consequences; 2D. CONSTITUTION CONFRONTATION: THE NJAC CASE; 2D.1 Analysis of the Judgment; 2D.2 The Aftermath; 2D.2.a The Inconclusive Memorandum of Procedure; 2D.2.b Chelameswar and the Crusade for Transparency; 2D.2.c The Long-Winded Appointment Saga of Justice K.M. Joseph; 2E CONCLUSION; 3 In-Tenure Questions: Mechanisms for Judicial Discipline; 3A TRANSFERS; 3A.1 Sankalchand, Seervai and Executive-Led Transfers |
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3A.2 The Second and Third Judges' Cases and Collegium-Led Transfers3A.3 Transfer as a Disciplinary Mechanism; 3A.4 Conclusion; 3B IMPEACHMENT; 3B.1 Impeachment Proceedings against Justice V. Ramaswami: A Case Study; 3B.1.a The First Phase; 3B.1.b The Second Phase; 3B.1.c The Third Phase; 3B.2 Lessons and Conclusion; 4 Post-Tenure Questions: Post-Retirement Appointments of Judges by Government; 4A The Constitutional Position; 4B Recent Practice; 4C Lessons and Conclusion; PART II A CONCEPTUAL ANALYSIS; 5 Judicial Accountability; 5A ACCOUNTABILITY: A VERY BRIEF CONCEPTUAL OVERVIEW |
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5B JUDICIAL ACCOUNTABILITY: ANSWERING THE FIVE QUESTIONS5B.1 Individual and Institutional Accountability; 5B.2 Decisional, Behavioural and Administrative Accountability; 5B.3 Addressees of Accountability and Methods of Enforcement; 5B.3.a Accountability Addressees: The Law or the People; 5B.3.b Methods of Enforcement I: Legal, Political, Public and Internal; 5B.3.c Methods of Enforcement II: Hard and Soft; 5B.4 Rationales; 5C CONCLUSION; 6 Judicial Independence; 6A JUDICIAL INDEPENDENCE: A PROTEAN CONCEPT; 6B ANSWERING THE FIVE QUESTIONS; 6B.1 Whose Independence?; 6B.2 From Whom? |
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6B.3 How Is It Safeguarded?5B.4 Regarding What?; 6B.5 Why?; 6C CONCLUSION; 7 In Search of an Effective Judiciary: A Doctrinal Reconciliation of Judicial Independence and Accountability; 7A CONSTITUENTS OF AN EFFECTIVE JUDICIARY; 7A.1 Integrity; 7A.2 Public Confidence; 7A.3 The Web of Integrated Government; 7B JUDICIAL ACCOUNTABILITY AND AN EFFECTIVE JUDICIARY; 7B.1 Strengthening the Web of Integrated Government; 7B.2 Bolstering Public Confidence; 7B.3 Promoting Substantive Virtues; 7C CONCLUSION; PART III TYING THE STRANDS |
| Summary |
Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India |
| Notes |
Print version record |
| Subject |
India. Supreme Court.
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| SUBJECT |
India. Supreme Court fast |
| Subject |
Courts of last resort -- India
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Judicial independence -- India
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Judges -- Selection and appointment -- India
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LAW -- Civil Procedure.
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LAW -- Legal Services.
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POLITICAL SCIENCE -- Government -- Judicial Branch.
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Courts of last resort
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Judges -- Selection and appointment
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Judicial independence
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India
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| Form |
Electronic book
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| ISBN |
9781108626996 |
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1108626998 |
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