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Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
The malaise of corruption has become deeply embedded in the political and social fabric of the Indian society. The increased frequency and scale of corruption have had deleterious effects on a wide range of issues. Corruption, therefore, must be viewed not just as an issue of law and order or of the criminal justice system; instead it has larger and adverse implications for development initiatives, transparency in administration, economic growth, access to justice, and human rights. This important and timely work adopts a new approach for analysing corruption—corruption as a violation of human rights. Highlighting the inherent deficiencies in the existing institutions, mechanisms, laws, and law enforcement agencies, the book strongly proposes the adoption of a multi-pronged strategy for eliminating corruption. This includes the creation of a new legislative framework, an effective institutional mechanism, a new independent and empowered commission against corruption, and greater participation of the civil society. It also compares India's experiences of combating corruption with many societies in Asia including Singapore and Hong Kong.
This volume explores the complexities of governance, law, and politics in India’s Scheduled Areas. The Scheduled Areas (SAs) are those parts of the country which have been identified by the Fifth and Sixth Schedule of the Constitution of India and are inhabited predominantly by tribal communities or Scheduled Tribes. SAs are often identified by their geographical isolation, primitive economies, and relatively egalitarian and closely knit society. Irrespective of the constitutional provision for governance and a mandate of devolution of power in terms of funds, functions and functionaries, the backwardness of these areas have remained a challenge. This volume attempts to explore the reasons behind the disregard for legal and institutional mechanism designed for the SAs. It examines the role of the state in the neoliberal era on fund allocation and utilisation, the governance of land and forest resources, and the ineffectiveness of the existing administrative structures and processes. It also looks into the interpretations of law by the judiciary while dealing with community rights vis-à-vis the state’s prerogative of bringing development to the regions, and how development concerns are addressed in the name of ‘good governance’ by various stakeholders. Comprehensive and topical, this volume will be useful for scholars and researchers of political studies, development studies, developmental economics, sociology and social anthropology, and for policy makers.
These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.
This Book Is An Examination Of Judicial Review And Its Role In Democracy, With Special Reference To India.
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Absolute power is an anathema to our Constitution, even if it is to be wielded by the judiciary. But, India is witnessing a very unusual phenomenon, not visualised by the founding fathers of the Constitution, of judiciary becoming not just the central pillar but the only pillar of our democracy. No great wisdom or foresight is necessary to see the instability and unsustainability of this architectural marvel.
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.
This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.