A Critical Analysis of Judicial Appointments in India: (with respect to Higher Judiciary)

The author, Sanjit Kumar Naskar, in this book titled A Critical Analysis of Judicial Appointments in India, has referred to a wide range of resources including books, online law journals, and articles from authoritative resources.

• Firstly, the author reviews Prof. Madhav Godbole’s book The Judiciary and Governance in India, which advocates for judicial accountability in the higher judiciary. While Prof. Godbole touches on lower judiciary transfers and politicization, he overlooks transparency in the appointment process for the lower judiciary.
• Secondly, the author examines Prof. V.R. Jayadevan’s PhD thesis Judicial Creativity in Constitutional Interpretation to explain the historical background of judicial appointments in the higher judiciary. The author, however, critiques Jayadevan’s acceptance of the seniority rule in appointing the CJI, countering it with Justice Katju’s arguments.
• Thirdly, the article The NJAC Act – Is it the Perfect Remedy? by Vikram Mishra and Ananth Balaji is analyzed, highlighting its critical view of the NJAC Act, 2014. While comprehensive, the article fails to fully recognize the Act’s salient features.
• Lastly, Prof. Tom S. Clark’s The Limits of Judicial Independence is discussed, where the author argues that while judicial behaviour is crucial, Clark does not adequately justify its role as an additional selection criterion for judges in the higher judiciary.