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The Sole Route to an Independent Judiciary?: The Primacy of Judges in Appointment

Gautam Bhatia

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0011
Subject:
Law, Legal Profession and Ethics

This essay critically analyses the judgment in the NJAC Case against the vehemently contested issue of judicial primacy in appointments. The author examines the NJAC Case’s treatment of the question ... More


Recovering Lost Ground: The Case of the Curious Eighties

A.K. Ganguli

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0003
Subject:
Law, Legal Profession and Ethics

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 ... More


The Judges Cases

Abhinav Chandrachud

in The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198098560
eISBN:
9780199082971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098560.003.0002
Subject:
Law, Legal History

This chapter traces the political developments that led to the present system of appointing judges to the Supreme Court of India, under which the five most senior judges of the court (including the ... More


Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Arghya Sengupta and Ritwika Sharma (eds)

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.001.0001
Subject:
Law, Legal Profession and Ethics

In Supreme Court Advocates-on-Record Association v. Union of India [(2016) 5 SCC 1], a five-judge bench of the Supreme Court struck down the 99th Amendment to the Constitution and the National ... More


The Judicial Collegium: Issues, Controversies, and the Road Ahead

Arun Jaitley

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0004
Subject:
Law, Legal Profession and Ethics

This essay addresses three pertinent aspects—first, how the Second Judges’ and Third Judges’ Cases led to the establishment of the collegium system. In this discussion, the essay analyses the key ... More


The Obvious Foundation Test: Re-inventing the Basic Structure Doctrine

Raju Ramachandran and Mythili Vijay Kumar Thallam

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0009
Subject:
Law, Legal Profession and Ethics

This essay deals with the ramifications of the judgment in the National Judicial Appointments Commission Case for the basic structure doctrine. The doctrine of basic structure places limits on the ... More


The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India

Abhinav Chandrachud

Published in print:
2014
Published Online:
June 2014
ISBN:
9780198098560
eISBN:
9780199082971
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198098560.001.0001
Subject:
Law, Legal History

Between 1950–2009, 189 judges (including 37 Chief Justices) served on the Supreme Court of India, one of the world’s most powerful courts. Not enough is known about who these judges were and the ... More


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