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Appointment Of Judges In The Supreme Court Of India
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Book Synopsis Appointment of Judges to the Supreme Court of India by : Arghya Sengupta
Download or read book Appointment of Judges to the Supreme Court of India written by Arghya Sengupta and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Appointment of Judges in the Supreme Court of India by : Shailendra Kumar (Lawyer)
Download or read book Appointment of Judges in the Supreme Court of India written by Shailendra Kumar (Lawyer) and published by . This book was released on 2017 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
Book Synopsis The Informal Constitution by : Abhinav Chandrachud
Download or read book The Informal Constitution written by Abhinav Chandrachud and published by Oxford University Press. This book was released on 2020-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Selection and Appointment of Supreme Court Judges by : Rajeev Dhavan
Download or read book Selection and Appointment of Supreme Court Judges written by Rajeev Dhavan and published by . This book was released on 1978 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Appointments by : Mohan Kumaramangalam
Download or read book Judicial Appointments written by Mohan Kumaramangalam and published by New Delhi : Oxford & IBH Publishing Company. This book was released on 1973 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Supreme Court of India by : George H. Gadbois
Download or read book Supreme Court of India written by George H. Gadbois and published by Oxford University Press. This book was released on 2018-01-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.
Book Synopsis Judiciary on Trial by : Bhagat Ram Sharma
Download or read book Judiciary on Trial written by Bhagat Ram Sharma and published by . This book was released on 1989 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Independence and Accountability of the Higher Indian Judiciary by : Arghya Sengupta
Download or read book Independence and Accountability of the Higher Indian Judiciary written by Arghya Sengupta and published by Cambridge University Press. This book was released on 2019-05-23 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.
Book Synopsis Judicial Appointements: A Pragmatic Approach by : Megha Purohit
Download or read book Judicial Appointements: A Pragmatic Approach written by Megha Purohit and published by . This book was released on 2015-02-15 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2015 in the subject Law - Public Law / Constitutional Law / Basic Rights, language: English, abstract: The process of appointment of judges is being made through the "collegium system," which doesn't find mention in the Constitution of India, although it was created with the justification to insulate the judiciary from executive interference. But in reality, this system may be called as "judges appointing themselves." The Supreme Court in various cases, while interpreting the meaning of 124 (2) and 217 (1) of the Constitution and "consultation" with Chief Justice of India and other judges, wrongly held that there should be collegium of judges in appointment process. Hence, the process is phasing through a period, where it is concerned about sheering away from its basic constitutional principles, which though, are garnering massive issues in front of the country. This Collegium system is an opaque and non accountable system as the judges are not responsible for giving reason for the appointment of a particular person. At the same time, there is no transparency in the system which results in a "democratic deficit." If executives are made the part of Judicial Appointment Panel for appointing judges, it will enable equal participation of judiciary and executive, make the system of appointment more accountable and thereby increase the confidence of the public in the institution. The words of the Judicial Appointments Commission Bill (JAC), 2013 are clear enough to understand that the motive of the legislature was only to ensure greater transparency in the Indian judiciary. The paper will try to focus on how the collegium system of appointing judges has given rise to the issue of favouritism, biasness and sycophancy. The authors will also try to interpret the concept of 'Basic Structure Doctrine' through various case-laws so as to establish a balance between judicial independence and judicial accountability. Furthermore, the authors will suggest so
Book Synopsis Appointment of a Chief Justice by : A. R. Antulay
Download or read book Appointment of a Chief Justice written by A. R. Antulay and published by . This book was released on 1973 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Appointment of Judges to the Supreme Court of India and the High Courts by : Arghya Sengupta
Download or read book Appointment of Judges to the Supreme Court of India and the High Courts written by Arghya Sengupta and published by . This book was released on 2010 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The governance of Britain - by : Great Britain: Ministry of Justice
Download or read book The governance of Britain - written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2007-10-25 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Whither Indian Judiciary by : Justice Markandey Katju
Download or read book Whither Indian Judiciary written by Justice Markandey Katju and published by Bloomsbury Publishing. This book was released on 2018-04-30 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents, for the first time, a comprehensive and analytical inside view of the Indian judiciary. Justice Katju traces the evolution of law and proceeds to analyse, with incisive insight, matters of critical importance like the appointment of judges, contempt of court, delays in justice and the challenges facing the Indian judiciary. The author draws upon his extensive tenure as a justice of the High Court and Supreme Court to draw examples and relate fascinating personal experiences. He addresses issues like judicial corruption and propagates novel proposals like lawyers to be brought under the Consumer Protection Act. Some memorable judgements which helped in shaping the Indian judiciary have been made by Justice Katju. The book covers these judgements in detail and also includes anecdotes, which bring out the captivating and complex world of the judiciary. A must read book for not just those in the legal field, but all those wanting a never before insight into the Indian judiciary.
Book Synopsis Judges of the Supreme Court of India, 1950-1989 by : George H. Gadbois
Download or read book Judges of the Supreme Court of India, 1950-1989 written by George H. Gadbois and published by Oxford University Press, USA. This book was released on 2018-03 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Critical Analysis of Judicial Appointments in India (with respect to Higher Judiciary) by : Sanjit Kumar Naskar
Download or read book A Critical Analysis of Judicial Appointments in India (with respect to Higher Judiciary) written by Sanjit Kumar Naskar and published by Blue Rose Publishers. This book was released on 2023-05-10 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Author Sanjit Kumar Naskar in this book titled A CRITICAL ANALYSIS OF JUDICIAL APPOINTMENTS IN INDIA has referred a wide range of resources viz. books, online law journals, articles from authoritative online resources. Firstly, the Author would review the book written by Prof. Madhav Godbole. In his book titled 'The Judiciary and Governance in India', he advocates for the Judicial Accountability in the higher judiciary and the need for such judicial accountability in India. However, Prof. Madhav Godbole though touched the aspect of accountability of lower judiciary in the form of transfers made by the higher judiciary and also had discussed the politicization of the judiciary in this regard, he completely ignores the transparency in the appointment process regarding the lower judiciary. Secondly, another important literary source which the Author has referred is regarding the Phd.thesis by Prof. V.R. Jayadevan entitled 'Judicial Creativity in Constitutional Interpretation'. The Author has referred this thesis in light of explaining the historical background of system of appointments of judges in the higher judiciary as well as to support the arguments being raised by the Author in relation to the selection of judges and their condition of services in the higher judiciary. Although the research work done by Prof. Jayadevan is detail oriented and well established and argumentative, still the Author finds the holding of Prof. Jayadevan regarding the adoption of seniority rule in the matter of the appointment of CJI in India not proper and has referred the argument of Justice Katju (Refer Chapter II of Dissertation) in order to counter the argument put forward by Prof. Jayadevan in his work. Thirdly, another major literary resource referred by the Author in the current dissertation is of the article 'The NJAC Act - Is it the perfect remedy?' written by Vikram Mishra and Ananth Balaji. In their article, the writers have focused on the NJAC Act, 2014 and analyzed the Act in a critical manner. The Author while critically analyzing the NJAC, Act, 2014 in the Chapter - III of the dissertation has referred to this article and supported his arguments based on the arguments proposed by the writers in the abovementioned article. Though, this article is argumentative and represents the shortcomings of the NJAC Act, 2014 in a plain and language which is easily comprehensible yet this article fails to appreciate the salient features of the NJAC Act, 2014. Although it explains in a precise manner the shift from the collegium system of selection of judges in the higher judiciary to system of appointment of judges in the higher judiciary by the commission established under the NJAC Act, 2014. Lastly, the Author has referred the work of Prof. Tom S. Clark in his book titled 'The Limits of Judicial Independence' which deals with the limits of judicial independence where the author holds that in order to see whether the judiciary is independent or not depends upon the judicial behaviour of the judges of a particular legal system. Although the judicial behaviour holds the key to bring desirable results in the legal system of a particular country still the Author feels that somewhere down the line Prof. Tom S. Clark is not able to justify the significance of the role of judicial behaviour as an additional criteria of selection of judges in the higher judiciary besides measuring the judicial independence of a particular legal system.
Book Synopsis Judges of the Supreme Court of India by : George H. Gadbois, Jr
Download or read book Judges of the Supreme Court of India written by George H. Gadbois, Jr and published by Oxford University Press. This book was released on 2011-05-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Qualified Hope by : Gerald N. Rosenberg
Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
