Judicial Appointments in India: Rationale, Critique, and the Democratic-constitutional Tensions of Reform Introduction The system of judicial appointments to the higher judiciary in India—comprising the Supreme Court and High Courts—has been a subject of intense constitutional and political debate. Anchored in Articles 124 and 217 of the Indian Constitution, the procedure has evolved through landmark … Continue reading What are the major arguments underlying the demand for a review of the current system of appointing judges to the higher judiciary in India? Critically examine their constitutional, institutional, and democratic implications.
Tag: constitutional law
Does the power conferred by Articles 2 and 3 of the Indian Constitution undermine the federal principles by enabling unilateral parliamentary authority over the territorial reorganization of States? Critically examine.
Reconsidering Articles 2 and 3 of the Indian Constitution: A Critical Appraisal of Federalism and Unilateral Parliamentary Authority Introduction The Indian Constitution envisions a unique federal framework, described by Granville Austin as "cooperative federalism" and by K.C. Wheare as "quasi-federalism," combining a strong Centre with significant provisions for state autonomy. However, Articles 2 and 3 … Continue reading Does the power conferred by Articles 2 and 3 of the Indian Constitution undermine the federal principles by enabling unilateral parliamentary authority over the territorial reorganization of States? Critically examine.