Chapter

Conscience Keepers of the Law

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0039
Conscience Keepers of the Law

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An independent judiciary, which protects the people against all inroads into their rights and cares for their wants and welfare, is the essence of a true democracy. Independence of the judiciary is not a gift given to the judiciary by the people but is a right which the people of India have given themselves to keep within bounds the legislature and the executive. The Supreme Court acts as the custodian of the conscience of the Constitution, and its primary duty is to protect citizens against inroads into their fundamental rights. This chapter discusses the Supreme Court's power to issue writs, lawyers' right to strike, powers of the high courts, appointment of judges, transfer of judges, appointment of judges of the Supreme Court from among Chief Justices only of high courts, appointment of retired judges of the Supreme Court to head various commissions and regulatory bodies, tenure of office of the Chief Justice, qualities of a Chief Justice, and language used by Supreme Court judges to render judgments.

Keywords: India; Supreme Court; judiciary; judges; high courts; writs; lawyers; Chief Justice; appointment; tenure

Chapter.  5498 words. 

Subjects: Constitutional and Administrative Law

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