Belling the cat: judicial discipline in India

Puthucherril, Tony George (2021) Belling the cat: judicial discipline in India. In: Disciplining judges: Contemporary challenges and controversies. Edward Elgar Publishing Limited, Cheltenham, pp. 155-178. ISBN 9781789902372

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The central tenets of India’s polity are based on the principles of constitutional democracy, constitutional supremacy and constitutional morality.2 In line with these, the Indian Constitution creates the three important pillars of the state – the legislature, executive and the judiciary – and incorporates a system of checks and balances requiring all three to work in harmony within their allotted spheres of authority. At the time of its independence, India was predominantly a pluralistic, caste-based, closed, hierarchical and feudalistic society, plagued by diverse clashing interests. The Constitution was criticized for failing to respond to India’s unique situation.3 Though there were doubts whether India’s political soil was fertile enough for democracy to flourish, its judges have worked to create a living and dynamic Constitution that has provided legal succour to millions. More than the legislature or executive, it is often the judiciary that upholds individual equality and dignity and, thereby, is creating a more egalitarian pluralistic society.4 As well, despite several setbacks, the judiciary stabilized democracy and enabled its institutions to flourish in India, the world’s largest democracy. The courts have used their power of review to blend common law legal traditions with modern and Western constitutional precepts and India’s ancient and medieval legal values – all grounded on the overarching juristic concept of Dharma.5 The emergent product is a common law legal tradition that is uniquely ‘Indian’ in character.

Item Type: Book Section
Keywords: Disciplining Judges | Justice V Ramaswami | Supreme Court of India | Justice Paul Daniel Dinakaran Premkumar, Chief Justice, Karnataka High Court | Justice Soumitra Sen, Calcutta High Court | Dipak Misra, Chief Justice of India
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 11 Feb 2022 05:45
Last Modified: 24 Jun 2022 05:42
Official URL:


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