THE NJAC JUDGMENT: ESTABLISHING JUDICIAL SUPREMACY
DOI:
https://doi.org/10.55662/Abstract
This paper analyses the historical NJAC Judgment delivered by the Supreme Court. The paper focuses on the Judgment delivered by Justice Kehar, which forms part of the majority opinion. The jurisprudential qualities of the judgment are examined in the paper. It is argued that the Judgment has certain shortcomings. The judgment is not able to substantiate as to why Judicial primacy in appointments forms a part of the basic structure of the Constitution. It is also not explained as to how judicial primacy promotes judicial independence. This paper also analyses appointment of Judges in some other countries, it is pointed out that no other democracy provides only the sitting judges the sole power to make judicial appointments.
This paper is divided into three parts. The first part provides a brief overview of the judgment. The second part, analyses the basic structure doctrine through case laws laid down by the Supreme Court of India, it also analyses the Primacy of judiciary vis the basic structure doctrine. The third part, compares and analyses the appointment of Judges in various other democracies.
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