Author: Arun ShouriePublisher: RupaYear: 2001Language: EnglishPages: 454ISBN/UPC (if available): 8171675573
In this Powerful and thought-provoking book Arun Shourie examines the premises, prerequisites and consequences related to Courts in India and their judgments.While examining the premises, prerequisites and consequences of Courts and their judgments, Arun Shourie raises some pertinent queries; Do judges merely enforce and interpret the law? Have they stretched the law and constitution too far? What are the prerequisites that judges need to ensure before they take on the work? How is that in one judgment a court declares that it is the right of ministers to decide how far and in what direction a criminal investigation shall be carried, and in another the same court and indeed the same judge decides to as good as monitor an investigation?What happens when a weak political class throws away an instrument the country desperately needs for combating terrorism?How the court acquiesces so easily when the electoral law is overturned, when it is blatantly overturned to protect a person convicted of malpractices?What happens to the economy when the interest alone on a project between the stay granted by the court and its final judgment costs government Rs. 3900 crore?Why is it that the institutions that are set up to do what the courts are routinely unable to do, soon end up being just the clones of the courts they were intended to substitute?This book by Shourie provides searing answers, evidence, dissection of judgments on these and other related issues.A must for our times, a must for strengthening India.
THE SETTING1. An Annual Lecture2. Our ProtectorsBRINGING ABOUT A CHANGE3. When an institution Takes on the Works of OthersSPREDING OUT4. The "State of India"5. A Meta-consequence6. From "Life" to "Life with Dignity" to the Pay of ImamsSOME CONSEQUENCES7. "The Resultant Legal Chaos"8. The Cascading EffectTIME AND PLACE9. Going Alone10. Shutting Ones Eyes11. Some Rules of Thumb12. Alert Enough to get what we needTHE GOVERNMENT AS A LITIGANT13. Some Ways to Discipline Staff14. The Fate of Remedies15. "Before Parting, we place on Records Our Deep Anguish"THE STANDARDS WE NEED, THE ONES BY WHICH WE ARE JUDGED16. Activism, an its Prerequisites17. A Premise We Cannot Afford18. We Can't Save the Country on a Part-Time BasisINDICES19. Cases Cited20. Index