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TRANSPARENCY, INDEPENDENCE AND DIVERSITY: DOES THE UNITED STATES HAVE IT BETTER?-A comparative analysis of the process of appointment of Judges to the Supreme Court in the United States and India.
NLIU Law Review (2013)
  • Varun Vaish, NALSAR University of Law
Abstract

The rise of legal realism has made it manifestly clear that the background and worldview of judges influence cases.This is evidenced in the United States where the appointment of judges to the higher judiciary is believed to be, at least in some measure, predicated upon the proximity of the political ideology of the judge with that of the appointing party. This influence is acknowledged, questioned and somewhat mitigated against by the process of appointment wherein the Senate ratifies the president’s choice. However the lack of acknowledgement of this influence and its consequent securitization, in the appointment of judges is where the difference lies between India and the U.S. This article will compare the appointment procedures of judges in the US as well as in India and demonstrate the comparative lack of transparency in India.

Keywords
  • TRANSPARENCY,
  • INDEPENDENCE,
  • DIVERSITY,
  • Supreme Court,
  • Judiciary,
  • Appointment,
  • Judges
Publication Date
Spring March 24, 2013
Citation Information
Varun Vaish. "TRANSPARENCY, INDEPENDENCE AND DIVERSITY: DOES THE UNITED STATES HAVE IT BETTER?-A comparative analysis of the process of appointment of Judges to the Supreme Court in the United States and India." NLIU Law Review Vol. Vol. III Iss. 1 (2013)
Available at: http://works.bepress.com/varunvaish/6/