A Plague on Both Your Houses ; NJAC and the Crisis of Trust
In: Appointment of Judges to the Supreme Court of India ; page 56-70; (2018)
Buch
Zugriff:
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.
Titel: |
A Plague on Both Your Houses ; NJAC and the Crisis of Trust
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Autor/in / Beteiligte Person: | Mehta, Pratap Bhanu |
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Quelle: | Appointment of Judges to the Supreme Court of India ; page 56-70; (2018) |
Veröffentlichung: | Oxford University Press, 2018 |
Medientyp: | Buch |
DOI: | 10.1093/oso/9780199485079.003.0005 |
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