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

Academic Publications by Public Law · May 9, 2018
Author(s): Arghya Sengupta and Ritwika Sharma

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.

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About Arghya Sengupta:

Arghya is the Founder and Research Director at Vidhi. He is an alumnus of National Law School of India University Bangalore and the University of Oxford where he was a Rhodes Scholar. While, at Oxford, he completed his D.Phil. on Independence and Accountability of the Indian Higher Judiciary and was a Lecturer in Administrative Law. His areas of specialisation are constitutional and administrative law. He has a number of academic publications on the Supreme Court, Parliament, fundamental rights and federalism and writes regularly for The Hindu, The Times of India and the Economic and Political Weekly. Link to full bio


About Ritwika Sharma: