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The Supreme Court of India is a powerful institution at the forefront of public attention in India. It is often engaged in a bitter duel with the government on issues as diverse as the administration of cricket in India to whether liquor shops are allowed on highways. Despite such public prominence, very little attention has been paid to who the judges of the Supreme Court are, how they are appointed, transferred and removed, and what they do after retirement. This book provides an account of these four facets of judicial functioning and analyses the processes in operation today. It argues that each of these four aspects gives rise to significant concerns pertaining to judicial independence, accountability, or both. Its main argument is that both judicial independence and accountability are necessary for 'an effective judiciary', and these two values are not in conflict with each other as is commonly assumed.
Courts of last resort --- Judicial independence --- Judges --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Courts --- Independence of the judiciary --- Independent judiciary --- Judicial power --- Separation of powers --- Courts, Supreme --- Last resort, Courts of --- Supreme courts --- Appellate procedure --- Appellate courts --- Constitutional courts --- Selection and appointment --- Legal status, laws, etc. --- Officials and employees --- India. --- India (Republic). --- Supreme Court of India --- Selection and appointment.
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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.
Judges --- Selection and appointment --- India. --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Justices --- Magistrates --- Courts --- Legal status, laws, etc. --- Officials and employees --- India (Republic). --- Supreme Court of India
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