More Details about Appointment of Judges to the Supreme Court of India

General Information  
Author(s)Edited by Arghya Sengupta and Ritwika Sharma
PublisherOxford University Press
ISBN9780199485079
Pages324
BindingHardback
LanguageEnglish
Publish YearAugust 2018

Description

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:

Foreword 

Justice Jasti Chelameswar 

Introduction 

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 

Index 

About the Editors and Contributors