Jump to ContentJump to Main Navigation
Appointment of Judges to the Supreme Court of IndiaTransparency, Accountability, and Independence$
Users without a subscription are not able to see the full content.

Arghya Sengupta and Ritwika Sharma

Print publication date: 2018

Print ISBN-13: 9780199485079

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780199485079.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 November 2019

Recovering Lost Ground

Recovering Lost Ground

The Case of the Curious Eighties

Chapter:
(p.31) 3 Recovering Lost Ground
Source:
Appointment of Judges to the Supreme Court of India
Author(s):

A.K. Ganguli

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199485079.003.0003

The impact of the excesses of the Emergency was felt long after it was officially terminated. This essay uncovers how the Emergency impacted judicial appointments. The author discusses how the 1980s have been characterized, in the judgment in the NJAC Case, as a decade where judicial independence was imperilled due to executive interference in the matter of appointments. The author sets the record straight by shedding light on the 1980s, particularly pertaining to the judgment in SP Gupta v. Union of India (1981 Supp SCC 87) (First Judges’ Case). In this essay, the author puts up a defence of this judgment, which is largely seen in academic scholarship as a genuflection of the judges before the executive. With the help of anecdotal examples, this essay tries to untangle the case of the curious eighties, making the larger point that it is a decade not amenable to easy typifying.

Keywords:   Emergency, judicial appointments, executive interference, SP Gupta, First Judges’ Case, anecdotal examples, curious eighties, judicial independence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .