The National Judicial Appointments Commission (NJAC) judgment, on the appointment of judges to the Supreme Court, has been the subject of a deeply polarized debate in the public sphere and academia. This volume analyses the NJAC judgment, and provides a rich context to it, in terms of philosophical, comparative, and constitutional issues that underpin it. The work traces the history of judicial appointments in India; examines the constitutional principles behind selecting judges and their application in the NJAC judgment; and comparatively looks at the judicial appointments process in six select countries—United Kingdom, South Africa, Canada, Pakistan, Sri Lanka, and Nepal—enquiring into what makes a good judge and an effective appointments process. With wide-ranging essays by leading lawyers, political scientists, and academics from India and abroad, the volume is a deep dive into the constitutional concepts of judicial independence and separation of powers as discussed in the NJAC judgment.

An empirical study of judicial appointments made to the Supreme Court of India since Independence. The historical debates surrounding the establishment of the Federal Court during the British Raj, debates in the Constituent Assembly of India and its sub-committees specific to the establishment of the Supreme Court, the three 'Judges Cases' and the political developments which led to the present 'collegium system' of appointing judges to the Supreme Court of India have all been discussed and analysed.

A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.

Provides an account of appointments, transfers, impeachment, and post-retirement employment of Supreme Court judges in India. Each of these facets leads to the critical questioning of judicial independence and accountability, and the book argues that they are not in conflict with each other and are crucial for an effective judiciary.

This book contains biographical essays for each of the first ninety-three judges who served on the Supreme Court of India from 1950 through mid-1989. It is the first close look at these judges, and follows them from their birth to their deaths. An attempt is made to account for why they were chosen - the selection criteria employed and, to the extent possible in a furtive selection environment, to identify those who selected them. The latter represents the first comprehensive attempt to connect the dots between a potential nominee and his ultimate appointment. The book concludes with a collective portrait of them, paying particular attention to changes in their backgrounds - fathers' occupation, education, pre-SCI careers, caste, religion, region, over the four decades.