000			03555cam a22003378i 4500
999			_c509778 _d509778
001			20887651
005			20190612093801.0
008			190313s2020 enk b 001 0 eng
010			_a 2019011872
020			_a9781108485654 (hardback)
040			_aDLC _beng _erda _cDLC
042			_apcc
043			_aa-ii---
050	0	0	_aKNS3466 _b.S46 2020
082	0	0	_aH3x54 S55
100	1		_aSengupta, Arghya _96115
245	1	0	_aIndependence and accountability of the higher Indian judiciary _cby Arghya Sengupta
260			_aNew York _bCambridge Univ. Press _c2019
263			_a1908
300			_axviii, 317p.
500			_aBased on author's thesis (doctoral - University of Oxford, 2014).
504			_aIncludes bibliographical references and index.
505	8		_aMachine generated contents note: Acknowledgements; Table of Abbreviations; Table of Cases; Table of Statutes; 1. Introduction; PART I. THE INDIAN EXPERIENCE; 2. Pre-Tenure Questions: Appointments to the Higher Judiciary; 3. In-Tenure Questions: Mechanisms for Judicial Discipline; 4. Post-Tenure Questions: Post-Retirement Appointments of Judges by Government; PART II. A CONCEPTUAL ANALYSIS; 5. Judicial Accountability 6 Judicial Independence; 7 In Search of an Effective Judiciary: A Doctrinal Reconciliation of Judicial Independence and Accountability; PART III. TYING THE STRANDS; 8. Harmonising Judicial Independence and Judicial Accountability in India; 9. Conclusion: A Reform Proposal for the Indian Higher Judiciary; Epilogue: The Moment the Judiciary Came Out; Appendix: Post-Retirement Employment of Judges in Government Appointed Positions; Bibliography; Index.
520			_a"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"--
610	1	0	_aIndia. _bSupreme Court. _96116
650		0	_aCourts of last resort _zIndia. _96117
650		0	_aJudicial independence _zIndia. _96118
650		0	_aJudges _xSelection and appointment _zIndia. _96119
906			_a7 _bcbc _corignew _d1 _eecip _f20 _gy-gencatlg