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Judicial Accountability

Judicial Accountability


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About the Book

Ours is a democracy we have adopted the rule of law as creed of governance. As the title of the book suggests this relates to Judicial Accountability. The plain dictionary meaning of 'accountability', is liability to give account, responsibility to fulfill obligation. The two phrases are two sides of the same coin. On the point of 'accountability' the question that immediately arises is as to whether judges should be accountable to the people and to themselves?It's show, what should be the parameters of such accountability. A judge cannot live without discretion as discretion is a golden thread running through his decisions without this no judge can claim to be judicious. In such a situation, one has to look for the lines to be drawn to contain the discretion of a judge. Judicial accountability, viewed from this angle reached the forefront the subtopics like types of accountability, stages of accountability, need for judicial accountability, problems in regard to making judiciary accountable, code of conduct for judges and how judges are made accountable.

Table of Contents:
Preface Link with Theme I. NATURE AND MEANING OF JUDICIAL ACCOUNTABILITY : 1. Judicial Accountability in Ancient Time 2. How Judges are made Accountable 3. What's a Need for Making Judges Accountable 4. Types of Accountability 5. Stages of Accountability-Three Stages 6. What Accountability Comprises 7. Need for Judicial Accountability 8. Code of Conduct for Judges 9. Promotions done by Judicial Accountability 10. Problems in Regard to Making Judiciary Accountable II. CONTEMPT OF COURTS : 1. Definition-What is Contempt 2. Development of the Law of Contempt in India 1926 Act 3. Drawbacks of 1926 Act 4. Liberalization of law of contempt in both : i. UK and USA ii. Australia Position 5. Act No. 32 of 1952 6. Two Improvements in Act 7. Classification of Contempt : In to two : i. Restriction Put by Contempt 8. Constitutional Provision Relating to Contempt : i. Report of the Sanyal Committee ii. Committee was Required iii. Object of Act 9. Need for Pleading Truth as Defence : i. Judicial Decision ii. View of National Commission to Review the Working of the Constitution on Contempt of Court-for Introduction of Truth as Defence iii. Views of Secretary, Department of Justice iv. The Contempt of Courts (Amendment) Bill, 2004 10. Who Will Sit to Decide Contempt of Court III. JUDICIAL ACCOUNTABILITY : AN ASPECT JUDICIAL INDEPENDENCE : 1. Meaning of Independence of Judiciary 2. History of Judicial Independence : i. United Kingdom ii. United States iii. India 3. Division of Independence of Judiciary 4. Misuse of Judicial Independence 5. International and National efforts in regard to Judicial Independence 6. International Tradition on Judicial Independence and Accountability 7. World Conferences of Independence of Judiciary at MONTREAL, 1983 8. Caracas Conference 1999 9. India's contribution in regard to Judicial Independence 10. Bangalore Principle of Judicial Conduct, 2002 11. Judicial Response in regard to Judicial Independence 12. Juristic view in regard to Judicial Independence IV. ROLE OF CIVIL SOCIETY IN JUDICIAL ACCOUNTABILITY : 1. Media-Importance of Media 2. Constitutional Power from where Media Derive Power 3. Restriction on Media : i. Under Indian Constitution ii. Under Contempt of Courts Act, 1971 4. Proposed Amendments in Contempts of Court Act, 1971 : i. Media Reporting of Court Proceedings ii. Trial by Media 5. NGOs Role in Making Judiciary Accountable 6. Issues Raised by NGOs : i. Check and Balance System Needs to be Improved ii. Need for more Participation in Law-making Process iii. Difficulty in Accessing Draft Laws iv. Need to Further Strengthen Anti-corruption Measures v. Insufficient Allocation of Budget to Judiciary vi. Donor Government and Agencies can Promote Accountability vii. Allocate Funds to Establish an Institute for Training of New and Practicing Judges 7. Recommendations to Donors 8. Recommendations to NGOs V. RIGHT TO INFORMATION ACT AND JUDICIAL ACCOUNTABILITY : 1. Need for Right to Information Act in General 2. Need for Right to Information Act-in Regard to Judiciary 3. Double Standard Adopted by Judiciary in Regard to Right to Information Act VI. INSTANCES OF MISUSE OF POWER BY JUDICIARY : 1. The Case of Ashok Kumar of Madras 2. The Case of Justice Bhalla 3. TV Journalist-Vijay Shekhar 4. Delhi Sealing Problem 5. Arundhati Roy : i. Justice V. Ramaswamy ii. J.K. Veeraswamy iii. Justice M.M. Pinchi iv. Justice A.S. Anand 6. Judicial Activism in Judicial Appointment : i. The First Judge's Case ii. The Second Judge's Case iii. The Third Judge's Case 7. Effect of the Second and Third Judge's Cases : i. Positive Comments Regarding these Decisions 8. Power of Judicial Review exercised by court in other matters VII. JUDGES INQUIRY BILL : 1. Constituent Assembly Debate in making Judges Accountable 2. Judges Inquiry Act 1968 3. Report of NCRWC 4. 14th Law Commission Report 5. Judges Inquiry Bill, 2005 6. Recommendations and Views of Law Commission on Judges (Inquiry) Bill, 2005 7. Criticism of Bill 8. The Judges Inquiry Bill, 2006 : i. The Specific Comments on the Clauses ii. Criticism to Bill VIII. JUDICIAL ACCOUNTABILITY : A GLOBAL ISSUE : 1. Judicial Accountability in Malaysia 2. Hierarchy of Courts 3. Appointment of Judges : i. Protection given to Judges ii. Require by Judges 4. Suggestions in regard of Malaysian Law : i. Judicial Accountability in Florida 5. Judicial Accountability in Columbia 6. Judicial Accountability in England : i. Suggestion 7. Judicial Accountability in India 8. Judicial Accountability in India : i. Period of Confrontation with the Executive ii. Super Session of Judges iii. Change of Direction by the SC iv. New Questions of Accountability v. The Emergency and Blows to the Independence of the Judiciary vi. Safeguarding the Independence of the Judiciary vii. Demand for National Judicial Commission viii. Disciplining Judges Conclusion List of Cases


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Product Details
  • ISBN-13: 9788184840483
  • Publisher: Regal Publications
  • Publisher Imprint: Regal Publications
  • Language: English
  • ISBN-10: 8184840489
  • Publisher Date: 2010
  • Binding: Hardcover
  • No of Pages: 346

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