Judicial Appointments in India and Pakistan: The Need for Responsive Judicial Review and Institutional Dialogue by Rushil Batra

Rushil Batra addresses the persistently debated issue of Judicial Appointments. The author critiques the 2015 judgement of Supreme Court of India which held the NJAC to be unconstitutional on the touchstone of Nadeem Ahmed, a Pakistani Supreme Court Judgement which faced a similar question like NJAC and opted for institutional dialogue instead of nullification. Drawing from Pakistani jurisprudence, the author suggests alternative approaches the Supreme Court of India could have taken. The author then compares and contrasts the SCI’s stance with the SCP’s, advocating for institutional dialogue on “non-democratic minimum core” matters like judicial appointments

CALJ Vol 8 Issue I_Rushil Batra

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