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.
Author(s): Arghya Sengupta
Publisher: Cambridge University Press
Year: 2019
Language: English
Pages: 317
01.0_pp_i_iv_Frontmatter
02.0_pp_v_vi_Dedication
03.0_pp_vii_viii_Contents
04.0_pp_ix_x_Acknowledgements
05.0_pp_xi_xii_List_of_Abbreviations
06.0_pp_xiii_xvi_List_of_Cases
07.0_pp_xvii_xviii_List_of_Statutes
08.0_pp_1_10_Introduction
09.0_pp_11_12_THE_INDIAN_EXPERIENCE
09.1_pp_13_62_Pre-Tenure_Questions_Appointments_to_the_Higher_Judiciary
09.2_pp_63_99_In-Tenure_Questions_Mechanisms_for_Judicial_Discipline
09.3_pp_100_116_Post-Tenure_Questions_Post-Retirement_Appointments_of_Judges_by_Government
10.0_pp_117_118_A_CONCEPTUAL_ANALYSIS
10.1_pp_119_139_Judicial_Accountability
10.2_pp_140_167_Judicial_Independence
10.3_pp_168_204_In_Search_of_an_Effective_Judiciary_A_Doctrinal_Reconciliation_of_Judicial_Independence_and_Accounta
11.0_pp_205_206_TYING_THE_STRANDS
11.1_pp_207_234_Harmonising_Judicial_Independence_and_Judicial_Accountability_in_India
11.2_pp_235_263_Conclusion_A_Reform_Proposal_for_the_Indian_Higher_Judiciary
12.0_pp_264_270_Epilogue_The_Moment_the_Judiciary_Came_Out
13.0_pp_271_284_Post-Retirement_Employment_of_Judges_in_Government-Appointed_Positions
14.0_pp_285_310_Bibliography
15.0_pp_311_317_Index
