000 03321 a2200241 4500
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020 _a9789351438564
040 _c.
082 _a342.5402
_bPAL
100 _aPal, Samaraditya
245 _aIndia's Constitution origins and evolution:
_bConstituent Assembly debates, Lok Sabha debates on constitutional amendments and Supreme Court judgments Vol 6/
_cby Samaraditya Pal and Deepan Kumar Sarkar
260 _aGurgaon;
_bLexis Nexis Publications,
_c2016.
300 _acxxvi, 1089p.;
_c24cm.
505 _aArticles 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
520 _aArticle 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. ---Lawbookshop.net
650 _aConstitutional history India
650 _aIndia-Constituent-Assembly
650 _aIndia-Parliament-Lok Sabha
700 _aSarkar, Deepan Kumar
_eAuthor
942 _cBK
_2ddc
999 _c1063
_d1063