Coverart for item
The Resource Independence and accountability of the Indian higher judiciary, Arghya Sengupta

Independence and accountability of the Indian higher judiciary, Arghya Sengupta

Label
Independence and accountability of the Indian higher judiciary
Title
Independence and accountability of the Indian higher judiciary
Statement of responsibility
Arghya Sengupta
Creator
Author
Subject
Language
eng
Summary
"This work analyzes how the Supreme Court of India and High Courts function using the lens of judicial independence and accountability. Through extensive conceptual analysis, it posits that both concepts - independence and accountability - irrespective of jurisdiction, are not in conflict as is commonly assumed. Instead, both lead to 'an effective judiciary'. It uses this doctrinal understanding of 'an effective judiciary' to assess four key, yet academically overlooked facets of judicial functioning in India where judicial independence and judicial accountability have critical significance - appointment, transfer, impeachment and post-retirement employment of judges. It provides a historical account of each of these facets to explain how the dominant narrative of judicial independence as insulation of the judiciary from government, and accountability as its antithesis, took hold. It specifically discusses the National Judicial Appointments Commission (NJAC) case, the most recent manifestation of this narrative, and argues why the judgement does not lead to 'an effective judiciary'. It consequently suggests certain reforms which could strike an appropriate balance between judicial independence and accountability and take India closer to the higher judiciary its Constitution envisages and its citizens deserve. The takeaways that the book aims to presents will be of relevance, not only to academics interested in judicial reform in India, but also to scholars and policy-makers working with other judiciaries in South Asia and the world of law"--
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorDate
1984-
http://library.link/vocab/creatorName
Sengupta, Arghya
Index
index present
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • India
  • Courts of last resort
  • Judicial independence
  • Judges
Label
Independence and accountability of the Indian higher judiciary, Arghya Sengupta
Instantiates
Publication
Note
Based on author's thesis (doctoral - University of Oxford, 2014)
Bibliography note
Includes bibliographical references (pages 285-310) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xviii, 317 pages
Isbn
9781108485654
Lccn
2019011872
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1090278231
Label
Independence and accountability of the Indian higher judiciary, Arghya Sengupta
Publication
Note
Based on author's thesis (doctoral - University of Oxford, 2014)
Bibliography note
Includes bibliographical references (pages 285-310) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
24 cm
Extent
xviii, 317 pages
Isbn
9781108485654
Lccn
2019011872
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
Note
GOBI Library Solutions from EBSCO
System control number
(OCoLC)1090278231

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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