The NJAC Case and Judicial Independence ; Conceptual and Contextual Safeguards
In: Appointment of Judges to the Supreme Court of India ; page 168-194; (2018)
Buch
Zugriff:
This essay comments on how the judgment in the National Judicial Appointments Commission Case is a befitting affirmation of judicial independence by the Supreme Court, against endemic executive interference in judicial appointments and transfers. This essay provides a conceptual understanding of judicial independence, against the backdrop of certain pivotal instances from India’s judicial history. The highlight of this essay is the author’s discussion of Union of India v. Sankalchand Himatlal Sheth ((1977) 4 SCC 193)—a judgment crucial for establishing the contours of judicial independence in the context of transfer of High Court judges. This essay gives this case the attention it merits by addressing the issue of judicial independence against its backdrop.
Titel: |
The NJAC Case and Judicial Independence ; Conceptual and Contextual Safeguards
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Autor/in / Beteiligte Person: | Subramanium, Gopal |
Link: | |
Quelle: | Appointment of Judges to the Supreme Court of India ; page 168-194; (2018) |
Veröffentlichung: | Oxford University Press, 2018 |
Medientyp: | Buch |
DOI: | 10.1093/oso/9780199485079.003.0014 |
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