Battles to Control the Constitution

Economic and Political Weekly

Book Review by Prof. G. Mohan Gopal of Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence 

(Edited by Arghya Sengupta and Ritwika Sharma) Oxford University Press, 2018; pp 324, ₹ 750.

“In the longer term, the foundational constitutional principle that judicial power and authority shall be derived from the people demands that the judges must have democratic legitimacy. For this, the benediction of senior judges is not enough. The approval of their appointment by elected representatives of the people is a must. What then is the way forward to have a system of appointment to the Supreme Court that is consistent with the foundational constitutional principle? How do we construct a chain that links judicial appointment and the people? How do we democratise the system of judicial appointments? This is a matter that requires an extensive national debate.”

 

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