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Law and Other Things

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Tag: Appointment of Judges

NJAC hearing in Supreme Court: Merits of AG’s plea for reference to a larger Bench

On May 10, 2015 By V.Venkatesan In Uncategorized

The plea of AG and other counsel for respondents in the case being heard by the Supreme Court’s five-Judge Bench for reference to a larger Bench comprising 11 Judges has become controversial, with the petitioners’ …

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Judicial Appointments in India

On May 28, 2014 By Abhinav Chandrachud In Uncategorized

In a new book published by Oxford University Press this month, entitled “The Informal Constitution: Unwritten Criteria in Selecting Judges for the Supreme Court of India”, I explore the prevalence of three informal eligibility criteria …

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Rethinking the Collegium Model

On March 4, 2013 By Madhav Khosla In Uncategorized

Guest Post by Smaran Shetty, NUJS. The collective legacy of S.P. Gupta v. President of India  (first judge’s case), Supreme Court Advocates on Record Association v. Union of India  (second judge’s case) and Special Reference …

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Of Judicial Retirement

On November 21, 2012 By Abhinav Chandrachud In Uncategorized

Why is the mandatory retirement age for Supreme Court judges and High Court judges different in India? I addressed this question in a paper published in the EPW last week. Supreme Court judges in India …

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Justice Verma and the Appointment of Justice Punchhi

On June 29, 2011 By Madhav Khosla In Uncategorized

A recent interview of Justice J.S.Verma’s on CNN-IBN, with Karan Thapar, seems to suggest that, as the Chief Justice of India, he was against Justice Punchhi’s elevation to the Supreme Court, and even wrote a …

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Constitutional Fidelity or Turf War? The Promise and Pitfalls of Judicial Activism in Pakistan

On April 9, 2011 By Rohit De In Uncategorized

The South Asia Initiative at Harvard recently hosted a panel discussion on constitutionalism in Pakistan. Speakers included, Justice Khalil-ur-Rehman Ramday, Supreme Court of Pakistan, Osama Siddique, SJD Candidate, Harvard Law SchoolBeena Sarwar, Senior Journalist, Jang …

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Countermajoritarianism, the Court and the Capital

On February 12, 2011 By Abhinav Chandrachud In Uncategorized

Unelected courts in constitutional democracies are described as “countermajoritarian” fundamentally because they carry the power to invalidate law enacted by the directly elected representatives of the people. However, in a purely formal sense, is the …

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Supreme Court Composition (1985-2010)

On January 3, 2011 By Abhinav Chandrachud In Uncategorized

In a study which has been published in this week’s edition of the EPW (available here), I examined the composition of the Supreme Court of India between 1985 and 2010 (i.e. between the terms of …

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From the Cradle to…62

On October 8, 2010 By Abhinav Chandrachud In Uncategorized

In this edit piece in the Times of India (September 29, 2010) I argued that the Constitution (One Hundred and Fourteenth Amendment) Bill, 2010 (available here) deserves praise and criticism. It deserves praise because it …

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Dworkin had Hand

On February 23, 2010 By Abhinav Chandrachud In Uncategorized

While I am interested by the fine legal arguments and counter arguments which have been made here regarding the retirement of Justice A.P. Shah, and the wider debate concerning the elevation of judges to the …

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