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Appointment Of Judges To The Supreme Court Of India by Edited by Arghya Sengupta and Ritwika Sharma, Oxford University Press

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  • General Information  
    Author(s)Edited by Arghya Sengupta and Ritwika Sharma
    PublisherOxford University Press
    Publish YearAugust 2018


    Oxford University Press Appointment Of Judges To The Supreme Court Of India by Edited by Arghya Sengupta and Ritwika Sharma

    Appointment of Judges to the Supreme Court of India : Transparency, Accountability, and Independence
    Edited by Arghya Sengupta and Ritwika Sharma

    The National Judicial Appointments Commission (NJAC) judgment, on the appointment of judges to the Supreme Court, has been the subject of a deeply polarized debate in the public sphere and academia. 
    This volume 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; examines the constitutional principles behind selecting judges and their application in the NJAC judgment; and comparatively looks at the judicial appointments process in six select countries—United Kingdom, South Africa, Canada, Pakistan, Sri Lanka, and Nepal—enquiring into what makes a good judge and an effective appointments process. 
    With wide-ranging essays by leading lawyers, political scientists, and academics from India and abroad, the volume is a deep dive into the constitutional concepts of judicial independence and separation of powers as discussed in the NJAC judgment. 

    About the Editors
    Arghya Sengupta is the founder and research director at the Vidhi Centre for Legal Policy, New Delhi, India. 
    Ritwika Sharma is a candidate for the LLM (2017–18) at the Faculty of Law, University of Cambridge, UK.

    Table Of Contents:


    Justice Jasti Chelameswar 


    I. The History of Judicial Appointments in India 
    1. From Kania to Sarkaria: Judicial 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 

    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 

    III Comparative Perspectives 
    15. Comparative Law in the NJAC Judgment: A Missed Opportunity 
    Suhrith Parthasarathy 
    16. Judicialization 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 Politicized Trajectory 
    Rehan Abeyratne 
    21. Appointments to the Supreme Court of Nepal: A New Beginning 
    Semanta Dahal 


    About the Editors and Contributors

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