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India's Constitution Origins and Evolution (Constituent Assembly Debates Lok Sabha Debates on Constitutional Amendments and Supreme Court Judgments) (VOLUME 6)

India's Constitution Origins and Evolution (Constituent Assembly Debates Lok Sabha Debates on Constitutional Amendments and Supreme Court Judgments) (VOLUME 6)

  • ₹1,495.00

In Stock
  • Author(s): Samaraditya Pal
  • Brand: LexisNexis
  • Edition: Ed April 2016
  • ISBN 13 9789351438564
  • Approx. Pages 1339 + Contents
  • Delivery Time Normally 7-9 working days

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Description
Article 124 to 151,214,215, & 221 (Union Judiciary, Contempt Jurisdiction,
Comptroller & Auditor-General)

In this volume, we have covered Chapter IV of Part V (Articles 124 to 147) dealing with the Union Judiciary (the Supreme Court), Chapter V (Articles 148 to 151) dealing with the Comptroller and Auditor General of India, Articles 129 and 215 dealing with the Contempt jurisdiction of the Supreme Court and the High Courts respectively and Article 214 dealing with the setting up of High Courts in the States. The role of the Supreme Court in India's constitutional scheme is pivotal. It is the final interpreter and upholder of the Constitution and its independence is essential. There have been recent developments regarding the appointment of Judges of the Court and High Courts. The Collegium system of the Judges appointing Judges, which had been formulated by the Court itself, was sought to be replaced by Parliament by amending the Constitution1 and providing for a National Judicial Appointments Commission to appoint Judges. The amendment raised questions of whether the primacy of the Chief Justice of India in the matter of appointment of the Judges to the Higher Judiciary, as held by the Court itself, had been abrogated. The Supreme Court Advocates-on-Record Association challenged both the Constitutional amendment and the National Judicial Appointments Commission Act, 2014 before Court. The challenge was upheld by a Constitution Bench and both the Act and the Amendment were struck down by the decision of the majority. The Collegium system, therefore, has been retained but the Court has asked for suggestions to improve the system, as the perception that the Collegium has not been always successful in ensuring appointment of the most deserving persons as Judges had led to the passing of the Amendment in the first place. This issue, along with the overall issue of independence of the Judiciary has been dealt with in detail in the Overview to the Chapter on Article 124.
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Contents
Articles 124,124A,124B and 124C
Articles 125 and 221
Articles 126
Articles 127
Articles 128
Articles 129 and 215
Article   130
Article   131
Article   132
Article   133
Article  134
Article  134A
Article  135
Article  136
Article  137
Article  138
Article  139
Article  139A
Article  140
Article  141
Article  142
Article  143
Article  144
Article  145
Article  146
Article  147
Article  214
Article  148 - 151
Appendix I
Appendix II
Appendix III
Subject Index
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