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“Justice Kurian Joseph on the NJAC: Disturbing Portents?”, 18 May 2019

 Item
Identifier: UB-005-01-06-102

Scope and Contents

From the Collection:

The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.

Dates

  • Publication: 18 May 2019

Creator

Full Extent

From the Collection: 250 Megabytes

Language of Materials

English

Abstract

Baxi analyzes Justice Kurian Joseph’s views on the National Judicial Appointments Commission (NJAC) judgment. The article focuses on the "shadow of the state" in judicial appointments. Baxi explores the tension between "judicial independence" and "transparency." He notes the concern that the NJAC model would have given the executive a "veto" over appointments, potentially undermining the Basic Structure. The synopsis captures Baxi’s warning that while the Collegium needs reform, any "new deal" must ensure that the judiciary remains an "independent branch" capable of standing up to a powerful executive without fear of retribution. In India Legal.

Repository Details

Part of the NLS Law and Society Archives Repository

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