The Indian Higher Judiciary by Dr. M. R. Gosai

 871.00

The ultimate aim and aspiration in bringing out this book is the truth about the state of the superior judiciary. The book examines the important facets and phases of the Indian higher judiciary focusing on the structural flaws in the justice delivery system and reflects on the remedial measures for the flaws in the system

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About the Book

The ultimate aim and aspiration in bringing out this book is the truth about the state of the superior judiciary. The book examines the important facets and phases of the Indian higher judiciary focusing on the structural flaws in the justice delivery system and reflects on the remedial measures for the flaws in the system. The book is divided into eight substantive chapters: 2. Judicial Independence: Concept and Context; 3. Judicial Contribution to Contribution to Constitutional Development and Law; 4. Judicial Deviance: A Wide Perspective; 5. Judicial Deviance: A Close Perspective; 6. Consequences of Judicial Deviance: Subordinate versus Superior Judiciary; 7. Judicial Accountability: Theoretical and Practical Approaches; 8. Identification of Remedial Measures for Docket Explosion; and 9. A Reform Proposal for Judicial appointments and Accountability.

In the book, concerns raised by the national and international forums about the functioning of the judiciary, are addressed. The significant issue of the mismatch between judicial independence and accountability finds discussion here. The study also takes cognizance of the positive achievements of the judiciary, focusing on certain important judgments and new tools forged by the judiciary for the transformation of society through law. However, the author raises the crucial concern about the deviant conduct of a few members of the higher judiciary on the bench and off the bench. This is traced to the overarching independence of the judiciary, without any effective mechanism to curb the judicial tendency to deviate from the well established norms and conventions. In the book, the judicial inclination is substantiated, which is to expand the scope of judicial independence and thwart the attempted measures of judicial accountability.

The issue of judicial accountability is dealt with succinctly. So are the reform proposals with regard to docket explosion as well as judicial appointments in addition to judges’ accountability. Written in a lucid manner, the volume is mental pabulum.

About the Author

Dr M R Gosai has a Master’s in English and also a Master’s in Law. He received a doctorate in English in 1986. He has recently obtained a doctorate in Law. As a practising advocate in Delhi, Dr Gosai is a member of the Delhi High Court Bar Association and the Supreme Court Bar Association. Formerly, he belonged to the academia. During his long academic career spanning 36 years, from 1971 to 2007, the author taught at several colleges in Gujarat and worked as a college principal. He had the good fortune to launch and run distance learning programmes as head of the Baba Saheb Ambedkar Open University Centre of the women’s college at Kadi in North Gujarat. He also did PG teaching in different PG centres in North Gujarat and worked as guest faculty in the Diaspora centre in Hemchandracharya N G University, Patan in Gujarat. His guidance to research scholars helped quite a few ones in accomplishing their tasks. His lectures as a resource person in various educational programmes were received. Dr Gosai also read papers in such programmes.

The author has to his credit a number of articles published in national journals and university publications, including one which won a prize, in 2005, as the best article on law in Gujarat from S P University, Anand in Gujarat.

During his tenure as a college principal, he gave his services to Hemchandracharya North Gujarat University as a member of the Executive council and the other bodies related to the university administration. The author also contributed to the fair conduct of university examinations by leading vigilance squads and heading teams of paper setters and examiners in several examinations. Equally, he worked as a member of the university committee to deal with cases of unfair means in examinations and attempted to discourage such a practice.

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