Appointment of Judges to the Supreme Court of India
Appointment of Judges to the Supreme Court of India

Author: Arghya Sengupta

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9780199096992

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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 foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.

The Informal Constitution
The Informal Constitution

Author: Abhinav Chandrachud

Publisher: Oxford University Press

Published: 2020-11-30

Total Pages: 328

ISBN-13: 0190992999

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Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.

Judges of the Supreme Court of India, 1950-1989
Judges of the Supreme Court of India, 1950-1989

Author: George H. Gadbois

Publisher: Oxford University Press, USA

Published: 2018-03

Total Pages: 428

ISBN-13: 9780199469369

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This book contains biographical essays for each of the first ninety-three judges who served on the Supreme Court of India from 1950 through mid-1989. It is the first close look at these judges, and follows them from their birth to their deaths. An attempt is made to account for why they were chosen - the selection criteria employed and, to the extent possible in a furtive selection environment, to identify those who selected them. The latter represents the first comprehensive attempt to connect the dots between a potential nominee and his ultimate appointment. The book concludes with a collective portrait of them, paying particular attention to changes in their backgrounds - fathers' occupation, education, pre-SCI careers, caste, religion, region, over the four decades.

Judicial Handbook on Environmental Law
Judicial Handbook on Environmental Law

Author: Dinah Shelton

Publisher: UNEP/Earthprint

Published: 2005

Total Pages: 160

ISBN-13: 9280725556

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"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.

Appointment of Judges in the Supreme Court of India
Appointment of Judges in the Supreme Court of India

Author: Shailendra Kumar (Lawyer)

Publisher:

Published: 2017

Total Pages: 161

ISBN-13: 9789382823667

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"Appointment of judges and its process is the most vital aspect of the independence of judiciary, also a basic feature of the Constitution of India. The constitution enshrines various provisions for the independence of judiciary but preferred accountability to the autonomy by vesting the authority of appointment in the executive in consultation with the Chief Justice of India, as judiciary cannot be held accountable in the manner as the executive. However the Apex Court ruled that the judiciary cannot be independent if the primacy in not vested in the opinion of the Chief Justice of India, and invented the collegium, paving way to the endless criticisms and controversies. This book reviews the appointment of judges in the erstwhile federal court, the Supreme Court of India, since its inception and incorporates the constitutionally provided mechanism, any convention developed so far in the appointment of judges and related controversies arose while appointment taking place in the institution and thereafter, if any...[The] book also discusses the developments, reforms, discussions, suggestions, criticism and involved controversies in the process of appointment of judges."--

The Nature of the Judicial Process
The Nature of the Judicial Process

Author: Benjamin Nathan Cardozo

Publisher:

Published: 1921

Total Pages: 218

ISBN-13:

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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Judges of the Supreme Court of India
Judges of the Supreme Court of India

Author: George H. Gadbois, Jr

Publisher: Oxford University Press

Published: 2011-05-02

Total Pages: 586

ISBN-13: 0199088381

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Despite the critical role played by the Supreme Court of India, the lives of the judges have never been studied before. This seminal book presents biographical essays for each of the first ninety-three judges who served on the Court from 1950 through mid-1989. The essays in the book are based on interviews the author conducted with sixty-four of the sixty-eight judges who were alive in the 1980s, and on meetings and correspondence with family members or relatives, friends, and associates of the deceased judges. An attempt is made to account for why certain judges rather than others were chosen, the selection criteria employed and, to the extent possible in a secretive selection environment, to identify those who selected them. It concludes with a collective portrait of these judges, paying particular attention to changes in their background characteristics—fathers' occupation, education, pre-SCI career, caste, religion, state of birth, and region, over four decades. The essays also embrace their post-retirement activities.

A Qualified Hope
A Qualified Hope

Author: Gerald N. Rosenberg

Publisher: Cambridge University Press

Published: 2019-08-29

Total Pages: 377

ISBN-13: 1108474500

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Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

The governance of Britain -
The governance of Britain -

Author: Great Britain: Ministry of Justice

Publisher: The Stationery Office

Published: 2007-10-25

Total Pages: 80

ISBN-13: 9780101721028

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The judiciary forms one of the three arms of state (together with the executive and the legislature) and the proper functioning of the judiciary is vital to the proper functioning of any stable democracy. Following on from a Green Paper (Cm. 7170, ISBN 9780101717021) published in July 2007, this consultation paper examines the arrangements for making judicial appointments in England and Wales (as well as considering the possible implications for the devolved administrations in Scotland and Northern Ireland). Issues discussed include: the role of the three arms of state and the doctrine of the separation of powers; fundamental principles that should govern judicial appointments, such as the need to maintain the independence and integrity of the judiciary; and the current process for judicial appointments in the UK and in other countries. It sets out options for reforming existing arrangements for appointing judges for consultation, and the consultation period ends on 17/01/2008.

Appointment of Judges to the Supreme Court of India
Appointment of Judges to the Supreme Court of India

Author: Arghya Sengupta

Publisher: Oxford University Press

Published: 2017-03-21

Total Pages: 400

ISBN-13: 0199096627

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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.