Indian Judiciary and Good Governance

includes index and biblioraphy

1. Introduction 1 History of Good Governance 1 Concept of Governance 2 Two Aspects of this Definition need Closer Attention 3 Characteristics of Good Governance 4 Prerequisites of Good Governance 5 Indian Judiciary and Good Governance 5 Equality before Law as a means Towards Good Governance 5 Judges Appointment as a Mode for Good Governance 8 2. Judicial Activism as a Means Towards Good Governance 11 I. Human Right 11 Human Rights: National and International Perspective 11 About Concept 11 Sources for Protection of Human Right 12 National and International Instruments for the Protection of Human Rights 12 Development of Concept of Human Rights 12 Human Rights in India 15 Concept of Human Rights and the Indian Constitution 16 Equality 16 Criminal Trials 17 Life and Personal Liberty 17 Rights Against Exploitation 17 Held in this case 18 II. Gender Justice 20 Sexual Harassment and Violence against Women in India 20 Meaning of Sexual Harassment 21 Judicial Response 22 Rewriting of the Vishaka Principles 25 III. Prison Reforms 26 Violence in Police and Judicial Custody in India 26 Magnitude of Problem 26 Factors Associated with Custodial Violence 28 Legislative Provisions 28 The Impact of Court Intervention 29 Legal Precedents against Custodial Violence 30 Genesis of Interest in Prisoner`s Rights 31 IV. Environmental Law 39 The Supreme Court and the Right to Clean and Healthy Environment 40 Principle of Absolute Liability 45 Precautionary Principle 47 Doctrine of Inter-generational Equity 50 V. Election 50 VI. Education and Minority 51 VII. Limit of Parliament Power to Amend Constitution 51 VIII. Judicial Wisdom and Activism Under Article 32 Constitution of India 52 Art. 32 vs. Art. 226 56 Scope of Art. 32 58 Nature of Writ 59 IX. Constitutional Tort 62 X. Curative Petition 62 3. Court Management as a Tool for Good Governance 65 Introduction 65 Court Management 65 Case Flow Management 66 The Objectives of Case Management 66 Need of Court Management for the Society 66 General Code of Conduct for Judges 67 Physical Verification of the Case when you Joined the Court 67 Board Diary or the Cause List 68 Presentation of all Files 68 Recording of Evidence 68 Interim Application 69 Arguments and Judgment 69 Miscellaneous Files 69 Appellate Court 69 Role of Lawyers and Litigants 70 Court Registry as a Participant 70 Use of Technology 70 Problem in Regard to Court Management in different kind of cases 71 (1) Civil Court 71 (2) Family Court 72 (3) Criminal Court 73 Case Law Study 74 Staying Civil Suit on the Ground of Pendency of Criminal Case 74 Advocates Rights to go on Strike 75 Civil Court Jurisdiction 76 Decision of Preliminary Issues 77 Alternative Dispute Resolution in Family Disputes 77 Australian Model of Case Management 77 4. Speedy and Timely Disposal: A Need for Good Governance 79 Timely Disposal as a Mode for Good Governance 79 Need to Reduce Court Delay 80 Five Main Challenges Facing the Indian Judicial System 81 (i) Eliminating Arrears and Court Congestion 81 (ii) Ensuring Timely Disposal of Cases without Delay 82 (iii) Ensuring Availability of Adequate Capacity and Infrastructure 82 Concept of Court Backlog 83 Relationship Between Court Management and Backlog Reduction 83 Mode to Reduce Backlog 83 Aspects of Backlog 83 5. Declaration of Assets as a Means Towards Good Governance 85 Decision for Declaration of Assets 85 Declaration of Assets vf. RT1 Act 87 Assets Declaration: A Problem or Solution? 87 Appointment Mec