“Judicial Independence Or Governance Necessity?”, 10 October 2020
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 10 October 2020
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi tackles the tension between judicial independence and the executive’s claim of "governance necessity." He explores the controversy surrounding the appointment and transfer of judges, arguing that the "executive veto" can lead to a "committed judiciary." The article asserts that "governance" should never be a pretext for undermining the "rule of law." Baxi posits that a truly independent judiciary is the greatest "governance necessity" for a democracy, as it ensures that the state remains within its constitutional limits. He warns against "collusive harmony" between the branches that might sacrifice the fundamental rights of the marginalized. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository