Judicial Behaviour in India: Doctrinal Reasoning or Behavioural-Institutional Determinants? Introduction Traditional accounts of adjudication treat judicial decisions as the mechanical product of legal texts and prior precedents. More recent literatures in judicial politics—attitudinal, strategic, and institutionalist—contest that view by stressing the influence of judges’ preferences, socialisation, organisational incentives and political environment on outcomes (Segal & … Continue reading How far can judicial behaviour in India be explained through behavioural-institutional determinants rather than purely doctrinal reasoning? Evaluate the influence of personal ideology, professional socialisation, institutional constraints, and political context on judicial decision-making.
Tag: Collegium System
What are the major arguments underlying the demand for a review of the current system of appointing judges to the higher judiciary in India? Critically examine their constitutional, institutional, and democratic implications.
Judicial Appointments in India: Rationale, Critique, and the Democratic-constitutional Tensions of Reform Introduction The system of judicial appointments to the higher judiciary in India—comprising the Supreme Court and High Courts—has been a subject of intense constitutional and political debate. Anchored in Articles 124 and 217 of the Indian Constitution, the procedure has evolved through landmark … Continue reading What are the major arguments underlying the demand for a review of the current system of appointing judges to the higher judiciary in India? Critically examine their constitutional, institutional, and democratic implications.
Critically evaluate the efficacy of judicial review in India, with reference to its constitutional foundations, scope of application, and its impact on the balance of power among the organs of government.
Judicial Review in India: Constitutional Foundations, Scope, and Impact on the Balance of Power Introduction Judicial review is a cornerstone of India’s constitutional architecture. It empowers the judiciary to examine the constitutionality of legislative enactments and executive actions and to strike them down if they violate the Constitution. Rooted in the idea of constitutional supremacy, … Continue reading Critically evaluate the efficacy of judicial review in India, with reference to its constitutional foundations, scope of application, and its impact on the balance of power among the organs of government.
Critically examine the 99th Constitutional Amendment Act and the establishment of the National Judicial Appointments Commission (NJAC), highlighting its objectives, constitutional challenges, and implications for judicial independence in India.
The 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC): Objectives, Constitutional Challenges, and Implications for Judicial Independence in India Introduction The 99th Constitutional Amendment Act, 2014 and the establishment of the National Judicial Appointments Commission (NJAC) represented a landmark attempt to restructure the process of judicial appointments in India. This amendment was intended … Continue reading Critically examine the 99th Constitutional Amendment Act and the establishment of the National Judicial Appointments Commission (NJAC), highlighting its objectives, constitutional challenges, and implications for judicial independence in India.