Appointment of judges to the Supreme Court of India : transparency, accountability, and independence / edited by Arghya Sengupta, Ritwika Sharma ; foreword by Justice Jasti Chelameswar.
2018
KNS3497 .A97 2018 (Mapit)
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Title
Appointment of judges to the Supreme Court of India : transparency, accountability, and independence / edited by Arghya Sengupta, Ritwika Sharma ; foreword by Justice Jasti Chelameswar.
Edition
First edition.
Imprint
New Delhi, India : Oxford University Press, 2018.
Copyright
©2018
Description
xxiv, 299 pages ; 23 cm
Formatted Contents Note
From Kania to Sarkaria : judicial appointments from 1950 to 1973 / Suchindran B.N.
A commited judiciary : Indira Gandhi and judicial appointments / T.R. Andhyarujina
Recovering lost ground : the case of the curious eighties / A.K. Ganguli
The judicial collegium : issues, controversies, and the road ahead / Arun Jaitley
A plague on both your houses : NJAC and the crisis of trust / Pratap Bhanu Mehta
Judicial review and parliamentary power : reorienting the balance / K.T. Thomas
Checks and balances revisted : the role of the executive in judicial appointments / Mukul Rohatgi
Opening up appointments : civil society participation in the NJAC / Madhavi Divan
The obvious foundation test : re-inventing the basic structure doctrine / Raju Ramachandran and Mythili Vijay Kumar Thallam
Eight fatal flaws : the failings of the National Judicial Appointments Commission / Arvind Datar
The sole route to an independent judiciary? : the primacy of judges in appointment / Gautam Bhatia
Justice Lokur's concurring view : the future of appointments reform / Alok Prasanna Kumar
Justice Chelameswar's dissent : reforming to preserve / Arghya Sengupta
The NJAC case and judicial independence : conceptual and contextual safeguards / Gopal Subramananium
Comparative law in the NJAC judgement : a missed opportunity / Suhrith Parthasarathy
Judicialization of judicial appointments? : a response from the United Kingdom / Chintan Chandrachud
South Africa : analysing a commission model / Chris McConnachie
Appointments to the Supreme Court of Canada : procedures and controversies / Peter McCormick
Judicial appointments in Pakistan : the seminal case of the 18th amendment / Sameer Khosa
Judicial appointments in Sri Lanka : a politicized trajectory / Rehan Abeyratne
Appointments to the Supreme Court of Nepal : a new beginning / Semanta Dahal.
A commited judiciary : Indira Gandhi and judicial appointments / T.R. Andhyarujina
Recovering lost ground : the case of the curious eighties / A.K. Ganguli
The judicial collegium : issues, controversies, and the road ahead / Arun Jaitley
A plague on both your houses : NJAC and the crisis of trust / Pratap Bhanu Mehta
Judicial review and parliamentary power : reorienting the balance / K.T. Thomas
Checks and balances revisted : the role of the executive in judicial appointments / Mukul Rohatgi
Opening up appointments : civil society participation in the NJAC / Madhavi Divan
The obvious foundation test : re-inventing the basic structure doctrine / Raju Ramachandran and Mythili Vijay Kumar Thallam
Eight fatal flaws : the failings of the National Judicial Appointments Commission / Arvind Datar
The sole route to an independent judiciary? : the primacy of judges in appointment / Gautam Bhatia
Justice Lokur's concurring view : the future of appointments reform / Alok Prasanna Kumar
Justice Chelameswar's dissent : reforming to preserve / Arghya Sengupta
The NJAC case and judicial independence : conceptual and contextual safeguards / Gopal Subramananium
Comparative law in the NJAC judgement : a missed opportunity / Suhrith Parthasarathy
Judicialization of judicial appointments? : a response from the United Kingdom / Chintan Chandrachud
South Africa : analysing a commission model / Chris McConnachie
Appointments to the Supreme Court of Canada : procedures and controversies / Peter McCormick
Judicial appointments in Pakistan : the seminal case of the 18th amendment / Sameer Khosa
Judicial appointments in Sri Lanka : a politicized trajectory / Rehan Abeyratne
Appointments to the Supreme Court of Nepal : a new beginning / Semanta Dahal.
Summary
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide 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 countries-UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal-enquiring into what makes a good judge and an effective appointments process.
Note
Contributed articles.
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide 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 countries-UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal-enquiring into what makes a good judge and an effective appointments process.
In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide 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 countries-UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal-enquiring into what makes a good judge and an effective appointments process.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KNS3497 .A97 2018
Language
English
ISBN
9780199485079 (hardback)
0199485070 (hardback)
0199485070 (hardback)
Record Appears in