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Appointment of Judges to the Supreme Court of India – Transparency, Accountability, and Independence | Oxford Scholarship Online
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Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Arghya Sengupta and Ritwika Sharma

Abstract

In Supreme Court Advocates-on-Record Association v. Union of India [(2016) 5 SCC 1], a five-judge bench of the Supreme Court struck down the 99th Amendment to the Constitution and the National Judicial Appointments Commission (NJAC) Act, 2014, which replaced the existing collegium system with the NJAC, a new bipartisan model for appointing judges. This edited volume uses the judgment in the NJAC Case as a springboard to address the politics, doctrine, and developments pertaining to judicial appointments in India. It critically examines fundamental constitutional concepts such as rule of law, s ... More

Keywords: judicial appointments, NJAC, NJAC Case, Indian Supreme Court, judges of the Indian Supreme Court, First Judges’ Case, Second Judges’ Case, Third Judges’ Case, collegium system, executive-judiciary relations

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780199485079
Published to Oxford Scholarship Online: August 2019 DOI:10.1093/oso/9780199485079.001.0001

Authors

Affiliations are at time of print publication.

Arghya Sengupta, editor
Founder and Research Director, Vidhi Centre for Legal Policy, Delhi.

Ritwika Sharma, editor
Research Fellow, Vidhi Centre for Legal Policy, Delhi.

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Contents

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I The History of Judicial Appointments in India

1 From Kania to Sarkaria

Suchindran B.N.*

2 A Committed Judiciary

T.R. Andhyarujina*

5 A Plague on Both Your Houses

Pratap Bhanu Mehta

II The Analysis of the NJAC Judgment

9 The Obvious Foundation Test

Raju Ramachandran and Mythili Vijay Kumar Thallam*

10 Eight Fatal Flaws

Arvind Datar

III Comparative Perspectives