Chapter

Judicial Reform or Harassment?

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195656107.003.0027
Judicial Reform or Harassment?

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Given Indira Gandhi's past policies toward the judiciary, it was small wonder that after 1980 the ever-simmering issue of judicial independence boiled again. Nor was the principal sub-topic new: the appointment and transfer of high court judges. The tenacity of both the broad and specific issues testified to their importance and to their unresolvable character: perfect independence of the judiciary was impossible. Within and outside the bench, conduct of the case was marred by behaviour that some named ‘the battle of the affidavits’ and others, among them several judges on the bench, an attempt to embarrass the Chief Justice.

Keywords: Indira Gandhi; judicial independence; high court judges; Chief Justice; India; affidavits

Chapter.  8637 words. 

Subjects: Constitutional and Administrative Law

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