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Appointment of judges to the Supreme Court of India : transparency, accountability, and independence / edited by Arghya Sengupta, Ritwika Sharma ; foreword by Justice Jasti Chelameswar.

By: Contributor(s): Material type: TextTextLanguage: English Publication details: New Delhi : Oxford University Press, 2018.Edition: First editionDescription: xxiv, 299 pages ; 23 cmISBN:
  • 9780199485079
  • 0199485070
Subject(s): DDC classification:
  • 347.5403534 23 SEN
Contents:
1. History of Judicial Appointments in India 2. The Analysis of the NJAC Judgment 3. Comparative Perspectives
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 foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.
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Contributed articles.

1. History of Judicial Appointments in India 2. The Analysis of the NJAC Judgment 3. Comparative Perspectives

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 foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.

Includes bibliographical references and index.

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