Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

ISBN : 9780199485079

Arghya Sengupta; Ritwika Sharma
324 Pages
149 x 225 mm
Pub date
May 2018
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The NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. This volume critically analyses the NJAC judgment and provides a rich context to it, in terms of philosophical, comparative, and constitutional issues that underpin it. The work traces the history of judicial appointments in India, analyses constitutional principles behind selecting judges, and their application in the NJAC Case, and comparatively examines the judicial appointments process in six select foreign jurisdictions.


Foreword by Justice Jasti Chelameswar Introduction PART I THE HISTORY OF JUDICIAL APPOINTMENTS IN INDIA I. From Kania to Sarkaria: Judical Appointments from 1950 to 1973 Suchindran B.N. 2. A Committed Judiciary: Indira Gandhi and Judicial Appointments T.R. Andhyarujina 3. Recovering Lost Ground: The Case of the Curious Eighties A.K. Ganguli 4. The Judicial Collegium: Issues, Controversies and the Road Ahead Arun Jaitley 5. A Plague on Both Your Houses: NJAC and the Crisis of Trust Pratap Bhanu Mehta PART II THE ANALYSIS OF THE NJAC JUDGMENT 6. Judicial Review and Parliamentary Power: Reorienting the Balance K.T. Thomas 7. Checks and Balances Revisited: The Role of the Executive in Judicial Appointments Mukul Rohatgi 8. Opening up Appointments: Civil Society Participation in the NJAC Madhavi Divan 9. The Obvious Foundation Test: Re-inventing the Basic Structure Doctrine Raju Ramachandran and Mythili Vijay Kumar Thallam 10. Eight Fatal Flaws: The
Failings of the National Judicial Appointments Commission Arvind Datar 11. The Sole Route to an Independent Judiciary?: The Primacy of Judges in Appointment Gautam Bhatia 12. Justice Lokur's Concurring View: The Future of Appointments Reform Alok Prasanna Kumar 13. Justice Chelameswar's Dissent: Reforming to Preserve Arghya Sengupta 14. The NJAC Case and Judicial Independence: Conceptual and Contextual Safeguards Gopal Subramanium PART III COMPARATIVE PERSPECTIVES 15. Comparative Law in the NJAC Judgment: A Missed Opportunity Suhrith Parthasarathy 16. Judicialisation of Judicial Appointments?: A Response from the United Kingdom Chintan Chandrachud 17. South Africa: Analysing a Commission Model Chris McConnachie 18. Appointments to the Supreme Court of Canada: Procedures and Controversies Peter McCormick 19. Judicial Appointments in Pakistan: The Seminal Case of the 18th Amendment Sameer Khosa 20. Judicial Appointments in Sri Lanka: A Politicised Trajectory Rehan
Abeyratne 21. Appointments to the Supreme Court of Nepal: A New Beginning Semanta Dahal Index Abouth the Editors and Contributors

About the author: 

Arghya Sengupta is the founder of and research director at Vidhi Centre for Legal Policy, New Delhi. Ritwika Sharma is a research fellow at Vidhi Centre for Legal Policy, New Delhi.

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