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: 03 December 2021

A Plague on Both Your Houses

A Plague on Both Your Houses

NJAC and the Crisis of Trust

(p.56) 5 A Plague on Both Your Houses
Appointment of Judges to the Supreme Court of India

Pratap Bhanu Mehta

Oxford University Press

This essay proceeds with the view that the process of judicial appointments is as much political as it is legal, even though the arguments before the Supreme Court in the NJAC Case constantly treated it as a matter of only constitutional law. This essay argues that it is critical to be cognizant of the political events involving successive governments and Chief Justices wresting the power to appoint judges. It asks why and how the process of deciding upon an acceptable procedure for judicial appointments has become the source of an ongoing confrontation between the executive and the judiciary. It is argued in this essay that while the government and the judiciary might individually be justified in their stance, as a result of this conflict, public credibility of both these institutions has been adversely affected.

Keywords:   judicial appointments, political debate, constitutional law, NJAC Case, National Judicial Appointments Commission, judicial independence

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 .