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What we got then was a colonial constitution that fundamentally did not trust its own people.
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.
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.
A Look Back is an anthology, written by 31 writers contributing their beautiful piece of art to this beautiful book. It is a collection of short stories, poems, quotes and articles tied together in an ambivalent theme. This book is filled with mixed emotions and experiences, every writer has faced during the COVID-19 pandemic that'll make you keep reading. Happy reading!
This book is an academic continuation of the previous five volumes on judicial independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, Wayne McCormack, Hiram E. Chodosh and Eric Helland, all books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014), The Culture of Judicial Independence in a Globalised World (2016), Challenged Justice: In Pursuit of Judicial Independence (2021). This volume offers studies by distinguished scholars and judges from different jurisdictions on numerous dimensions regarding the essential role of judicial independence in democracy. It includes analyses of basic constitutional principles and contemporary issues of judicial independence and judicial procces in many jurisdictions and analyses of international standarts of judicial independence and judicial ethics.
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The Indian Constitution has held the country together for 75 years now. This volume demonstrates the Constitution is not a static document and has seen several amendments and interpretations over the years. It delves into how the document has worked for the people since its adoption -- its strengths and weaknesses, its many interpretations, how it has influenced and shaped our collectives over time and in turn been shaped by the people. The Indian Constitution clearly vests power in the hands of its people. This volume critically examines how the longest written national Constitution is made successful by people who take its spirit to heart and let it inform their activities, and how like an...