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Appointment of judges to the Supreme Court of India : transparency, accountability, and independence / edited by Arghya Sengupta and Ritwika Sharma

Contributor(s): Publisher: New Delhi : Oxford University Press, 2018Edition: 1st edDescription: xxiv, 299 p. ; 23 cmISBN:
  • 9780199485079
  • 0199485070
Subject(s): DDC classification:
  • 347.014 SEN
Contents:
Foreword by Justice Jasti Chelameswar Introduction PART I: THE HISTORY OF JUDICIAL APPOINTMENTS IN INDIA I. 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 PART 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: Reinventing 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 PART 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 Politicised Trajectory Rehan Abeyratne 21. Appointments to the Supreme Court of Nepal: A New Beginning Semanta Dahal Index
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BOOKs NLS General Stacks 347.014 SEN (Browse shelf(Opens below)) HB Available Donated By Vice Chancellor's Office,NLSIU 36071

Foreword by Justice Jasti Chelameswar
Introduction

PART I: THE HISTORY OF JUDICIAL APPOINTMENTS IN INDIA
I. 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

PART 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: Reinventing 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

PART 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 Politicised Trajectory
Rehan Abeyratne
21. Appointments to the Supreme Court of Nepal: A New Beginning
Semanta Dahal

Index