MARC details
| 000 -LEADER |
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| fixed length control field |
03389nam a22002537a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
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| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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| control field |
20221230121651.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
190313s2019 enk b 001 0 eng |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
|---|
| International Standard Book Number |
9781108485654 |
| Qualifying information |
(hardback) |
| 082 00 - DEWEY DECIMAL CLASSIFICATION NUMBER |
|---|
| Classification number |
347.73035 |
| Item number |
SEN-I |
| Edition number |
23 |
| 100 1# - MAIN ENTRY--PERSONAL NAME |
|---|
| Personal name |
Sengupta, Arghya, |
| Dates associated with a name |
1984- |
| Relator term |
author. |
| 245 10 - TITLE STATEMENT |
|---|
| Title |
Independence and accountability of the higher Indian judiciary / |
| Statement of responsibility, etc. |
Arghya Sengupta. |
| 264 #1 - PRODUCTION, PUBLICATION, DISTRIBUTION, MANUFACTURE, AND COPYRIGHT NOTICE |
|---|
| Place of production, publication, distribution, manufacture |
Cambridge, United Kingdom ; |
| -- |
New York, NY, USA : |
| Name of producer, publisher, distributor, manufacturer |
Cambridge University Press, |
| Date of production, publication, distribution, manufacture, or copyright notice |
2019. |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
xviii, 317 pages ; |
| 500 ## - GENERAL NOTE |
|---|
| General note |
Based on author's thesis (doctoral - University of Oxford, 2014). |
| 504 ## - BIBLIOGRAPHY, ETC. NOTE |
|---|
| Bibliography, etc |
Includes bibliographical references (pages 285-310) and index. |
| 505 8# - FORMATTED CONTENTS NOTE |
|---|
| Formatted contents note |
Machine 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 ## - SUMMARY, ETC. |
|---|
| Summary, etc. |
"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. |
| 610 10 - SUBJECT ADDED ENTRY--CORPORATE NAME |
|---|
| Corporate name or jurisdiction name as entry element |
India. |
| Subordinate unit |
Supreme Court. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name as entry element |
Courts of last resort |
| Geographic subdivision |
India. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name as entry element |
Judicial independence |
| Geographic subdivision |
India. |
| 650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name as entry element |
Judges |
| General subdivision |
Selection and appointment |
| Geographic subdivision |
India. |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
|
| Koha item type |
Books |
