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Working a Democratic ConstitutionA History of the Indian Experience$
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Granville Austin

Print publication date: 2003

Print ISBN-13: 9780195656107

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195656107.001.0001

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Judicial Reform or Harassment?

Judicial Reform or Harassment?

Chapter:
(p.516) Chapter 25 Judicial Reform or Harassment?
Source:
Working a Democratic Constitution
Author(s):

Granville Austin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195656107.003.0027

Given Indira Gandhi's past policies toward the judiciary, it was small wonder that after 1980 the ever-simmering issue of judicial independence boiled again. Nor was the principal sub-topic new: the appointment and transfer of high court judges. The tenacity of both the broad and specific issues testified to their importance and to their unresolvable character: perfect independence of the judiciary was impossible. Within and outside the bench, conduct of the case was marred by behaviour that some named ‘the battle of the affidavits’ and others, among them several judges on the bench, an attempt to embarrass the Chief Justice.

Keywords:   Indira Gandhi, judicial independence, high court judges, Chief Justice, India, affidavits

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