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Appointment of Judges to the Supreme Court of IndiaTransparency, Accountability, and Independence$
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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

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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: 17 September 2021

South Africa—Analysing a Commission Model

South Africa—Analysing a Commission Model

(p.219) 17 South Africa—Analysing a Commission Model
Appointment of Judges to the Supreme Court of India

Chris McConnachie

Oxford University Press

This essay is an analysis of the working and performance of the South African Judicial Service Commission (JSC). This essay describes how the JSC has been successful in enhancing transparency in the selection process and improving diversity in the judiciary. The essay remains categorical about the South African judiciary being independent and credible, even in the face of apprehensions by the JSC’s detractors of undue political interference in appointments. This essay makes an important point that the independence of the judiciary remains contingent on several variables, and the identity of those making the appointments is just one such factor. Thus, this essay critically analyses the JSC as an example of the commission model. Upon a concise assessment of the JSC’s functioning, this essay highlights some general trends which offer insights for the judicial appointments process in India.

Keywords:   South Africa, Judicial Service Commission, commission model, transparency, diversity, political interference, judicial appointments, judicial independence, Constitutional Court

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