Jump to ContentJump to Main Navigation
Appointment of Judges to the Supreme Court of IndiaTransparency, Accountability, and Independence$
Users without a subscription are not able to see the full content.

Arghya Sengupta and Ritwika Sharma

Print publication date: 2018

Print ISBN-13: 9780199485079

Published to Oxford Scholarship Online: August 2019

DOI: 10.1093/oso/9780199485079.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 01 December 2021

The Sole Route to an Independent Judiciary?

The Sole Route to an Independent Judiciary?

The Primacy of Judges in Appointment

Chapter:
(p.135) 11 The Sole Route to an Independent Judiciary?
Source:
Appointment of Judges to the Supreme Court of India
Author(s):

Gautam Bhatia

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199485079.003.0011

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 of primacy of judges. The essay commences with a discussion of the Second Judges’ Case, and the judicial rationale behind construing ‘consultation’ under Article 124 of the Constitution as ‘concurrence’ of the Chief Justice of India in the matter of appointments. The author assesses both whether as a descriptive fact the judgment in the NJAC Case held judicial primacy to be part of the basic structure, as well as whether such reading was normatively justified. This essay also expresses reservations about the extent of the Court’s engagement with the concept of ‘primacy’, and its importance for the independence of the judiciary, and whether it is part of the basic structure of the Constitution.

Keywords:   judicial primacy, NJAC Case, Second Judges’ Case, Article 124, Constitution, independence of the judiciary, basic structure, collegium executive, judiciary

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .