In Supreme Court Advocates-on-Record Association v. Union of India, the Supreme Court of India, by majority, struck down the National Judicial Appointments Commission (NJAC), established to appoint judges to the Supreme Court of India and High Courts. Unsurprisingly, the NJAC judgment has been the subject of a deeply polarized debate in the public sphere and academia. The essays in this volume analyse the NJAC judgment, and provide 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; analyses constitutional principles behind selecting judges and their application in the NJAC Case; and comparatively examines the judicial appointments process in six foreign jurisdictions, enquiring into what makes a good judge and an effective appointments process.

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.

The book presents, for the first time, a comprehensive and analytical inside view of the Indian judiciary. Justice Katju traces the evolution of law and proceeds to analyse, with incisive insight, matters of critical importance like the appointment of judges, contempt of court, delays in justice and the challenges facing the Indian judiciary. The author draws upon his extensive tenure as a justice of the High Court and Supreme Court to draw examples and relate fascinating personal experiences. He addresses issues like judicial corruption and propagates novel proposals like lawyers to be brought under the Consumer Protection Act. Some memorable judgements which helped in shaping the Indian judiciary have been made by Justice Katju. The book covers these judgements in detail and also includes anecdotes, which bring out the captivating and complex world of the judiciary. A must read book for not just those in the legal field, but all those wanting a never before insight into the Indian judiciary.

With reference to Indian judiciary.

The judiciary in India is a vital pillar of the democratic framework, tasked with upholding the rule of law, interpreting the Constitution, and ensuring justice for all citizens. Here’s an overview of the judiciary system in India: Structure of Judiciary: Supreme Court of India: Apex court and highest judicial authority in the country. Located in New Delhi. Consists of the Chief Justice of India and other judges appointed by the President. Has original, appellate, and advisory jurisdiction. High Courts: Each state in India has a High Court. Headquartered in the capital city of the respective state. Exercises original and appellate jurisdiction over state matters. Judges appointed by the President. Subordinate Courts: Below the High Courts are subordinate courts, including District Courts and Sessions Courts. They handle civil and criminal cases within their jurisdiction. Judges are appointed by the Governor (in the case of states) and President (in Union Territories). Functions and Powers: Judicial Review: The judiciary has the power of judicial review to examine the constitutionality of laws and government actions. Interpretation of Laws: Courts interpret laws, including the Constitution, statutes, and precedents, to ensure their application and enforcement. Dispute Resolution: Adjudicates disputes between individuals, government bodies, and other entities through fair and impartial trials. Protection of Rights: Safeguards fundamental rights of citizens through enforcement and interpretation of laws. Independence and Accountability: Independence: The judiciary in India enjoys independence from the executive and legislative branches to ensure impartiality and fairness in decision-making. Accountability: Judges are accountable for their conduct through judicial standards and accountability mechanisms, including impeachment by Parliament for misconduct. Judicial Reforms and Challenges: Reforms: Continuous efforts are made to improve judicial efficiency, access to justice, and reduce backlog of cases. Challenges: Challenges include delays in justice delivery, infrastructure constraints, and ensuring judicial integrity and transparency. Landmark Judgments: The Indian judiciary has delivered several landmark judgments that have shaped constitutional law and protected citizens' rights, such as: Kesavananda Bharati vs. State of Kerala (1973): Established the basic structure doctrine of the Constitution. Maneka Gandhi vs. Union of India (1978): Expanded the scope of personal liberty under Article 21. Indira Gandhi vs. Raj Narain (1975): Declared the election of Prime Minister Indira Gandhi void on grounds of electoral malpractice. Conclusion: The judiciary in India plays a pivotal role in upholding the principles of democracy, protecting fundamental rights, and ensuring accountability in governance. It stands as a guardian of the Constitution and a safeguard against arbitrary exercise of state power, thereby contributing to the country's democratic ethos and rule of law.