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Working a Democratic ConstitutionA History of the Indian Experience$
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Granville Austin

Print publication date: 2003

Print ISBN-13: 9780195656107

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195656107.001.0001

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The Judiciary: ‘Quite Untouchable’

The Judiciary: ‘Quite Untouchable’

(p.123) Chapter 5 The Judiciary: ‘Quite Untouchable’
Working a Democratic Constitution

Granville Austin

Oxford University Press

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

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