The Judiciary: ‘Quite Untouchable’

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI:
The Judiciary: ‘Quite Untouchable’

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This chapter discusses the judiciary, whose rulings so often led to the amendments. Prime Minister Nehru believed that the independence of the judiciary has been emphasized in the Indian Constitution and people must guard it as something precious. He rejected the idea of a packed court of individuals of the government's ‘own liking for getting decisions in its own favour’. He wanted first-rate judges, not subservient courts. Nevertheless, controversies over how to protect judicial independence soon arose. This discussion examines the beginnings of these controversies, looking at judicial independence, other risks, and other protections. It concludes on issues of delivery of justice that emerged at this time.

Keywords: judicial independence; constitutional amendment; Indian Supreme Court; justice delivery; Indian Constitution

Chapter.  9162 words. 

Subjects: Constitutional and Administrative Law

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