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Justice versus Judiciary - Justice Enthroned or Entangled in India? (Hardcover)
Loot Price: R699
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Justice versus Judiciary - Justice Enthroned or Entangled in India? (Hardcover)
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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.
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