Scaling Justice: Indias Supreme Court, Social Rights and Civil Liberties

Hardcover | January 15, 2009

byShylashri Shankar

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This book seeks to answer the question 'What influences the choices and decisions that Indian Supreme Court judges make?'. In different contexts and cases contradictory images remain in circulation; judges are variously described as passive, pro-active, impartial, biased, pro-citizen,pro-business, apolitical, pro-poor etc. After briefly explaining the views in different schools of thought, the author sets out her 'embedded negotiator' approach, which addresses the diverse influences on judicial decision- makers. In this approach the focus is trained on judges and their constantnegotiations within grey zones in the fields of civil liberties and social rights. To establish the validity of the approach the author uses the Probit model, which she also explains extensively. She studies a sample of civil liberties cases spanning the period 1950 to 2005 and social rights casespost Emergency. She collates the data base of cases with another data base containing characteristics of 116 Supreme Court judges, including religious affiliation. This is the first time that such a model has been used in Indian legal research.

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This book seeks to answer the question 'What influences the choices and decisions that Indian Supreme Court judges make?'. In different contexts and cases contradictory images remain in circulation; judges are variously described as passive, pro-active, impartial, biased, pro-citizen,pro-business, apolitical, pro-poor etc. After briefl...

Shylashri Shankar is Fellow at the Centre for Policy Research in New Delhi. She was awarded a PhD in Political Science by Columbia University, New York (May 2002).

other books by Shylashri Shankar

Format:HardcoverDimensions:239 pages, 8.46 × 5.51 × 0.1 inPublished:January 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195693205

ISBN - 13:9780195693201

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Table of Contents

Introduction1. Competing Explanations for Judicial Decisions2. Profile of an Indian Supreme Court Judge3. The Legal Framework of Preventive Detention4. Judges and Anti-Terror Laws5. Scope for Activism in Social Rights6. Judges and Social Rights