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............................................................................................................................. Description This book examines an interesting but unexplored aspect of law, Delving deep into the subject it provides a broader understanding of judicial strictures. Not only it ratiocinates the genesis of stricture jurisprudence as an adjunct of liberty of judicial expression but also critically focuses on other angulations of judicial strictures It provides an objective analysis of various issues related to judicial strictures. Covering diverse aspects of the subject it focuses on: • Liberty of Judicial expression on the Bench and limitations of judicial expression. • The Property and legality of zenith form of strictures i.e. sweeping remarks. This has been done with special reference to sweeping generalization when made by politicians against judges as well as when made by judges against politicians. • Impact of strictures • Remedy against strictures • Strictures and Natural Justice • Need for substantiation of strictures. It considers an important question whether a judge can take into account his personal knowledge while passing strictures • Subject of Strictures with grounds therefore i.e. teachers, vice-chancellors, bureaucracy, Lt. governors, ministers, doctors, member of public service commissions, C.B.I, Police, Subordinate Judges, coordinate Judges, appellate Judges, advocate-generals, doyens of Bar, Lawyers, Public Prosecutors, litigants, MLAs, State Governments, third parties and witnesses. With a view to strengthening the concept of rule of law as well as to widen the ambit of constitutionalism it considers the extent of judicial protection afforded to judges under common law as well as statutory law in the context of stricture jurisprudence. The book is also interlaced with notes on the subject of study as well as on incidental issues. The book will be of immense use to law students, lawyers, judges, law teachers, legislators, administrators, academicians, bureaucrats, investigating agencies, Police and researchers. ............................................................................................................................. Contents Chapter 1 - Judicial Independence 1.1 - In retrospect 1.2 - Liberty of judicial expression 1.3 - Limitations of judicial expression Chapter 2 - Adjunct of Expression - Judicial Strictures 2.1 - Need - Adjudicative necessity 2.2 - Sweeping generalisation 2.3 - Derogatory statement on the floor of House 2.4 - Sauce for goose is sauce for gander Chapter 3 - Impact of Strictures 3.1 - Prejudicial effect 3.2 - Nature of wrong Chapter 4 - Remedy against Strictures 4.1 - Expunction or disapproval 4.2 - Effect of expunction 4.3 - Expunction test 4.4 - Powers of expunction 4.5 - Locus Stand! 4.6 - Hyper sensitivity Chapter 5 - Strictures and Natural Justice 5.1 - Opportunity 5.2 - Notice Chapter 6 - Substantiation - Material in Support of Strictures 6.1 - Official files 6.2 - Personal knowledge of judge 6.3 - Personal feelings Chapter 7 - Subjects of Strictures 7.1 - Academia 7.2 - Vice-Chancellors 7.3 - Bureaucracy 7.4 - Constitutional functionaries 7.5 - Doctors 7.6 - Investigating agencies 7.7 - Judicial personages 7.8 - Judicial incivility 7.9 - Civility Codes USA 7.10 - Members Administrative Tribunal 7.11 - Legal fraternity 7.12 - Litigants 7.13 - Member Legislative Assembly 7.14 - State Government 7.15 - Third parties 7.16 - Witnesses Chapter 8 - Liability of Judges 8.1 - Absolute immunity Epilogue Subject Index ............................................................................................................................. Author Details Dr. Tirlok Nath Arora is functioning as Assistant Editor, Supreme Court Reports, Supreme Court of India. His academic accomplishments include LL.B. (Gold Medalist), LL.M. (Gold Medalist) from University of Delhi. He obtained his Ph.D from University of Delhi on ‘Central Government’s Power of Investigation under Company Law’. Other Publications to his credit include various Articles contributed to journal of Indian Law Institute, Indian Bar Review, Annual Survey of Indian Law, Supreme Court Journal and Vidhi Bharti. .............................................................................................................................
