Democracy In India And The Judicial Process

.

.

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation..

.

The most fundamental and far-reaching decision of India’s Constitution-makers was to establish the Indian democracy on the foundations of universal adult suffrage and on the principle of ‘one man; on vote’. The decision was an act of faith; homage to the people of India; implicit in the liberal outlook of India’s freedom struggle. The decision to adopt universal adult suffrage was simple and without controversy; but it was by all accounts momentous and revolutionary; making every adult Indian citizen irrespective of caste; sex and economic or educational qualification; a shareholder in India’s democratic enterprise. Consequent of that decision; India became the largest democracy in the world. The Indian Parliament exercises influence rather than power. Its functions lie primarily in processes of consultation and articulation and in the audit and scrutiny of the operations of the government. The substance of the power resides in the cabinet; and more particularly; in the office of the prime minister; but the sanction for that political power is provided by the representative principle embodied in the Parliament..

Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India..

Discusses Upendra Baxi's role as an Indian jurist and how his contributions have shaped our understanding of legal jurisprudence..

This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India..

The Book Gives An Academic, Political And Professional Glimpse Of The Indian Parliamentary Democracy In Function, Its Travails And Achievement. This Is Done Along With The Analysis Of Constitutional Provisions, Judicial Interpretations And The Developed Conventions, Precedents And Practices. The Book Is Both For General Reading And For Use By Intelligentsia. It Shall Be Attractive And Useful To The Active Politicians, Members Of The Houses Of Parliament Or State Legislatures, Political Parties, Lawyers, Journalists And Scholars Of Law, Constitutional History Or Political Science.The Book Has Examined In Detail The Topical Aspects Of Parliamentary Democracy In India, Detailing The Precedents, Controversies Which Had Arisen From Time To Time And The Working Solutions Found Or Alternately Amendments Made To The Constitution.Broadly The Book Discusses:" What Parliamentary Democracy Means In India" Cabinet System For Democracy In India" Broad Features Of Indian Political Parties In Parliament" Problems And Solutions Of Party Splits And Defections" Hung Parliament And Formation Of Government" President S Rule And Problems In States In Emergency" The Conduct Of Parliamentary Proceedings" Free And Fair Elections; The Election Commission Of IndiaThe Roles Of The President Of India, Prime Minister And Of The Speaker Or The Chairman Of The House Are Significant For Success Of Democracy. The Impartial, Free And Fair Conduct Of Elections Are Equally Indispensable. An Attempt Has Been Made In The Book To Include Maximum Possible Leading Political Events Of The Time As Precedents Which Have Gradually Synthesised And Developed The Parliamentary Democracy Of British Model Into A Totally Indigenous System..

Who was Shah Bano and why was her alimony pertinent to India’s Secularism? Does the fundamental right to life include the right to livelihood and shelter? Where there is the right to live, is there also the right to die? How did Bhanwari Devi’s Rape help define sexual harassment at the workplace? Here are the Supreme Court's ten pivotal judgements that have transformed Indian democracy and redefined our daily, lives. Exploring vital themes such as custodial deaths, reservations and environmental jurisprudence, this book contextualizes the judgements, explains key concepts and maps their impacts. Written by one of India's most respected lawyers, Ten Judgements That Changed India is an authoritative yet accessible read for anyone keen to understand India's legal system and the foundations of our democracy..

This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice..

In the past century, Asian nations have experienced a wave of democratisation as countries in the region have gained independence or transitioned from authoritarian military rule towards more participatory politics. At the same time, there has been an expansion of judicial power in Asia, whereby new courts or empowered old ones emerge as independent constraints on governmental authority. This is the first book to assess the judicial review of elections in Asia. It provides important insights into how Asian courts can strategically engage with the political actors in their jurisdictions and contribute to a country’s democratic discourse. Each chapter in the book sheds light on the judicial review of elections and the electoral process in a specific Asian jurisdiction, including Common Law Asia, namely Hong Kong, India, Malaysia, and Singapore, as well as jurisdictions in Civil Law Asia, namely Indonesia, Japan, the Republic of Korea, Taiwan, and Thailand. It fills a gap in the literature by addressing a central challenge to democratic governance, namely the problem of partisan self-dealing in the electoral processes. By exploring the constantly evolving role of the courts in addressing pivotal constitutional questions, this book will be of interest to students and scholars of Asian Law, Governance and Politics..

Freedom of speech and a free and fair justice delivery system are two most important components of democracy, and striking a balance between them is a must for its smooth running. The law of contempt of court in India has assumed immense social and political significance due to growing judicial tendency to gag and often to subjugate the democratic aspirations and dissent. This book presents a critical assessment of the freedom of speech as enshrined in the Indian Constitution and encroachment on it by the proactive approach of judiciary through the instrument of the law of contempt of the court. Tracing the history of the contempt of court, it discusses at length the various aspects of democracy and freedom of speech, the status of contempt of court in various countries, the law of contempt and constitutional guarantees, and judicial accountability. It also tries to explore gender biases in the delivery of justice in the cases related to the contempt of court..

An independent judiciary is considered an indication of a developing nation’s level of democracy.

Courts, like other government institutions, shape public policy. But how are courts drawn into the policy process, and how are patterns of policy debate shaped by the institutional structure of the courts? Drawing on the experience of the Brazilian federal courts since the transition to democracy, Judging Policy examines the judiciary's role in public policy debates. During a period of energetic policy reform, the high salience of many policies, combined with the conducive institutional structure of the judiciary, ensured that Brazilian courts would become an important institution at the heart of the policy process. The Brazilian case thus challenges the notion that Latin America's courts have been uniformly pliant or ineffectual, with little impact on politics and policy outcomes. Judging Policy also inserts the judiciary into the scholarly debate regarding the extent of presidential control of the policy process in Latin America's largest nation. By analyzing the full Brazilian federal court system—including not only the high court, but also trial and appellate courts—the book develops a framework with cross-national implications for understanding how courts may influence policy actors' political strategies and the distribution of power within political systems..

.

.