Appointment of Judges to the Supreme Court of India

Transparency, Accountability, and Independence

New Edition

Edited by Arghya Sengupta and Ritwika Sharma

Critically analyses Supreme Court Advocates-on-Record Association v Union of India in which the Supreme Court of India, by majority, struck down as unconstitutional the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts.
Traces history of judicial appointments in India.
Analyses constitutional principles behind selecting judges.
Comparatively analyses judicial appointments process in six select countries: the UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal.

Appointment of Judges to the Supreme Court of India

Transparency, Accountability, and Independence

New Edition

Edited by Arghya Sengupta and Ritwika Sharma

Description

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 select countries-UK, South Africa, Pakistan, Sri Lanka, Canada, and Nepal-enquiring into what makes a good judge and an effective appointments process.

Appointment of Judges to the Supreme Court of India

Transparency, Accountability, and Independence

New Edition

Edited by Arghya Sengupta and Ritwika Sharma

Appointment of Judges to the Supreme Court of India

Transparency, Accountability, and Independence

New Edition

Edited by Arghya Sengupta and Ritwika Sharma

Author Information

Edited by Arghya Sengupta, Founder and Research Director, Vidhi Centre for Legal Policy, Delhi., and Edited by Ritwika Sharma, Research Fellow, Vidhi Centre for Legal Policy, Delhi.

Arghya Sengupta is the founder of and research director at Vidhi Centre for Legal Policy, New Delhi. Ritwika Sharma is a research fellow at Vidhi Centre for Legal Policy, New Delhi.

Contributors:

Arghya Sengupta, Suchindran B.N., T.R. Andhyarujina, A.K. Ganguli, Arun Jaitley, Pratap Bhanu Mehta, Justice KT Thomas, Mukul Rohatgi, Madhavi Divan, Raju Ramachandran, Mythili Vijay Kumar Thallam, Arvind Datar, Gautam Bhatia, Alok Prasanna Kumar, Gopal Subramanium, Suhrith Parthasarathy, Chintan Chandrachud, Chris McConnachie, Peter McCormick, Sameer Khosa, Rehan Abeyratne, Semanta Dahal

Appointment of Judges to the Supreme Court of India

Transparency, Accountability, and Independence

New Edition

Edited by Arghya Sengupta and Ritwika Sharma

Reviews and Awards

"With 21 succinct essays on legal reasoning, Sengupta and Sharma's book is a marvelous read and should be used in courses on legal methods and argumentation." - Pooja Satyogi, Ambedkar University Delhi, newbooks.asia