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Courts and Their Judgments: Premises, Prerequisites, Consequences

 
Arun Shourie (Author)
Synopsis

An outstanding effort’ - Chief Justice Venkatachaliah ‘An extraordinary book’ - Fali S. Nariman ‘Unputdownable’ - Ashok Desai First published in 2001, Courts and Their Judgments soon became a pioneering work on the subject. It raised important questions on the functioning of our judiciary – questions that continue to be as relevant today. Do judges merely enforce and interpret the law? Or do they at times interpolate words into statutes, even into the Constitution? Where does interpretation end and rewriting commence? How is it that in one judgment a court declares that it is the right of ministers to determine how far and in what direction a criminal investigation shall be carried, and in another the same court, indeed the same judge, decides to as good as monitor an investigation? How is it that in some cases a court delves into detailed facts that do not just bear on the case, but on why a law was passed, and in another the same court lays it down as a principle that facts need not be considered once the legislature has passed a law? The failure of other institutions to discharge their duties has compelled the courts to step far outside their traditional role. In doing so, have they stretched the law and Constitution too far? Has the intervention been effective? Courts and Their Judgments looks at judicial activism through some brilliantly argued cases and at the need for and pitfalls of such overreach. With its searing answers, evidence, dissection of judgments on these and other issues, the book remains a must-read for strengthening the country.

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About the author

Arun Shourie

Arun Shourie, among India's best known commentators on current and political affairs, backs his distinctive writing, his conscientiously independent perspectrive with rigorous analysis and meticulous research. Born in Jalandhar in 1941, he studied at Modern School and St. Stephen's College in Delhi, and obtained his doctorate in Economics from the University of Syracuse, USA. He has been an economist with the World Bank, a consultant to the Planning Commission and Editor of The Indian Express. His writings have gained him a vast following across the country, as well as several national and international honours. Among these are the Padma Bhushan, the Magsaysay Award, the Dadabhai Naoroji Award, the Astor Award, the K.S. Hegde Award and the International Editor of the Year Award. The Federation of Indian Publishers recently conferred The Freedom to Publish Award on him. At present Arun Shourie is a member of the Rajya Sabha.

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Bibliographic information

Title Courts and Their Judgments: Premises, Prerequisites, Consequences
Author Arun Shourie
Format Softcover
Date published: 19.09.2018
Edition 1st ed.
Language: English
isbn 9789352776078
length 464p.