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.
Download or read book The Informal Constitution written by Abhinav Chandrachud and published by Oxford University Press, USA. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An empirical study of judicial appointments made to the Supreme Court of India since Independence. The historical debates surrounding the establishment of the Federal Court during the British Raj, debates in the Constituent Assembly of India and its sub-committees specific to the establishment of the Supreme Court, the three 'Judges Cases' and the political developments which led to the present 'collegium system' of appointing judges to the Supreme Court of India have all been discussed and analysed.
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."--
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:
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.
Download or read book Judges of the Supreme Court and the High Courts as on written by India. Supreme Court and published by . This book was released on 2017 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
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
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.
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.
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.
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.
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.
Download or read book Judging the Judges written by K. Mahesh and published by Gyan Books. This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to Indian judiciary.
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.
Download or read book Indian Judicial System written by S. P. Verma and published by Kanishka Publishers. This book was released on 2004 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains 25 Papers And Two Documents Which Book At Various Aspects Of Indian Judicial System At All Levels-Judicial Activism-Appointment Of Judges-Independence Of Judiciary-Rule Of Law Etc.
Download or read book Decision Making in the Supreme Court of India written by Vijay Kumar Gupta and published by Kaveri Books. This book was released on 1995 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Work Offers A Quantitative Analysis Of The Indian Supreme Court S Decision-Making Process Adopting A Methodology Which Is Unorthodox As Well As Innovative In The Field Of Judicial Research In India. It Is Unorthodox In The Sense That It Makes A Complete Departure From The Mainstream Writings Of The Common Law Traditions And Shifts Its Focus From What The Judges Say In Their Opinions To What Do They Do By Casting Their Votes In Favour Or Against The Parties Involved In The Controversies Before Them. The Methodology Is Innovative To The Extent That For The First Time The Individual Judges Decision Making Behaviour Has Been Subjected To A Rigorous Quantitative Analysis In The Overall Institutional Context. The Book Examines A Whole Range Of Factors Which Go As Essential Input Into The Supreme Court S Decision Making Process. Several Assumptions Relating To The Appointment Of Judges In The Court, The Chief Justice And His Leadership Role, The Business Environment, The Structural Arrangement Of Its Decision-Making Function, The Nature Of Agreement And Disagreement Among The Judges On The Decision Making Panels And The Value Orientation Of Judges Have Been Subjected To Close Scrutiny With A View To Provide An Understanding Of How The Decision-Makers In The Apex Court Go About Making Decisions Which Are Not Only Of Great Significance For The Immediate Parties Involved But At Times May Have Far Reaching Consequences For A Large Number Of Groups And Sections Of The Indian Society. Chapter 1: Jurimetrics: A Note On Methodology; Part I- The Decision Makers; Chapter 2: Appointment Of The Chief Justice Of India; Chapter 3: Selection And Appointment Of Judges; Part Ii- Institutional Environment; Chapter 4: Business Of The Court; Chapter 5: Structure Of Decision Making; Part Iii- Voting Behaviour; Chapter 6: Nature Of Participation: Dissent, Concurrence And Unanimity; Chapter 7: Attitudes And Value Orientations; Part Iv- Conclusion; Chapter 8: Conclusion.
