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    Synopis Comparative Constitution

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    HemantVerma
    This document summarizes a research paper comparing the process of appointing judges in India and the United States. The paper was submitted to the National Law Institute University in Bhopal to fulfill requirements for a Master of Law degree. The objectives of the study are to analyze the strengths and weaknesses of India's system and suggest alternatives that could increase transparency and public confidence. The methodology relies on doctrinal analysis of primary sources like statutes and reports, as well as secondary sources like books, articles, and case law. The hypothesis is that India's existing process established through precedents is satisfactory. The research problem addressed is whether the constitutional provisions on judicial appointments are clear or require supplementation or amendment.

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    Synopis Comparative Constitution

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    HemantVerma
    417 views4 pages
    This document summarizes a research paper comparing the process of appointing judges in India and the United States. The paper was submitted to the National Law Institute University in Bhopal to fulfill requirements for a Master of Law degree. The objectives of the study are to analyze the strengths and weaknesses of India's system and suggest alternatives that could increase transparency and public confidence. The methodology relies on doctrinal analysis of primary sources like statutes and reports, as well as secondary sources like books, articles, and case law. The hypothesis is that India's existing process established through precedents is satisfactory. The research problem addressed is whether the constitutional provisions on judicial appointments are clear or require supplementation or amendment.

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    This document summarizes a research paper comparing the process of appointing judges in India and the United States. The paper was submitted to the National Law Institute University in Bhopal to fulfill requirements for a Master of Law degree. The objectives of the study are to analyze the strengths and weaknesses of India's system and suggest alternatives that could increase transparency and public confidence. The methodology relies on doctrinal analysis of primary sources like statutes and reports, as well as secondary sources like books, articles, and case law. The hypothesis is that India's existing process established through precedents is satisfactory. The research problem addressed is whether the constitutional provisions on judicial appointments are clear or require supplementation or amendment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    417 views4 pages

    Synopis Comparative Constitution

    Uploaded by

    HemantVerma
    This document summarizes a research paper comparing the process of appointing judges in India and the United States. The paper was submitted to the National Law Institute University in Bhopal to fulfill requirements for a Master of Law degree. The objectives of the study are to analyze the strengths and weaknesses of India's system and suggest alternatives that could increase transparency and public confidence. The methodology relies on doctrinal analysis of primary sources like statutes and reports, as well as secondary sources like books, articles, and case law. The hypothesis is that India's existing process established through precedents is satisfactory. The research problem addressed is whether the constitutional provisions on judicial appointments are clear or require supplementation or amendment.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    NATIONAL LAW INSTITUTE UNIVERSITY

    BHOPAL

    APPOINTMENT OF JUDGES IN INDIA AND USA : A COMPARITIVE


    ANALYSIS

    The synopsis of a research paper submitted to National law Institute University, Bhopal in
    the Partial fulfillment of the requirement of Degree of Master of Law

    Submitted by: - Submitted to:-


    HEMANT VERMA Prof.(Dr.) Vinod Dixit
    LL.M (2019 LL.M 42) Ms. Saubhagya Bhadkaria
    1st Trimester
    NLIU, Bhopal
    Title of Study
    Appointment of judges in India and USA : A Comparitive

    Literature Survey/Review
    The following Primary and Secondary sources have been referred:-

    Primary Sources

    Articles referred
     Understanding the Federal Courts, Administrative Office of the U.S. Courts 1999, p.7-
    10.
     Judicial Oversight or Overreach: The Role of the Judiciary in Modern India.
     The Process of Appointment of Appointment of Judges in some foreign Countries: The
    United States by Mr. Cheung Wai lam.
     Federal Judicial Appointments- Gavel to Gavel.
     The Appointing Power of the Executive by Alexander Hamilton Federalist No. 76.
     The Appointing Power Continued and Other Powers of the Executive Considered
    Federalist No. 77.
     The Judiciary Department by Alexander Hamilton Federalist No. 78.

     Statutes Referred
    o The Constitution of India
    o The Constitution of The United State of America

    Secondary Sources
     Books Referred
    The following textbooks have been referred to:
     H.M.Seervai, “Constitutional Law of India”, Fourth ed. vol.iii, chapter xxv, p.2613,
    Universal Law Publishing Co.Pvt.Ltd.
     “The History, Philosophy and Structure of the American Constitution”, second edition,
    LexisNexis Publications.
     Arvind .P.Dattar, “Commentary on the Constitution of India, 2nd Edition, 2007, vol-I,
    Wadhwa and Nagpur Publication.
     M.V.Pylee, “Constitutions of the World, 3rd Edition, vol-I, Universal Law Publications.
     V. Bhagwan, ‘World Constitution’ 6th revised edition, Sterling Publishers Private Ltd.
     B.Shiva Rao, “The Framing of the Indian Constitution”, edited by Dr.Subhash.C.Kashyap.

    Objectives of the Study


    This research work makes the Comparative Analysis of the Process of Appointment of Judges
    in two federal countries with written constitution, namely, the United States and India. The
    comparative study as to the process of appointment of judges in India with its counterpart
    United Sates of America is initiated with a view to analyse the strengths and weaknesses in the
    present system of appointment of judges in India and to suggest alternative system of
    appointment of judges within the constitutional framework which would bring more
    transparency and public confidence in the existing process of appointment of judges. It
    describes the process of appointment of judges in both the countries with special emphasis on
    the recent developments taking place on the issue of appointment of judges in India The U.S.A
    is selected for the comparative analysis because it has certain similarities with the Indian
    Constitution, for example, they each posses a written, federal constitution with a democratic
    setup that has been the subject of interpretation by an independent judiciary and more
    importantly ‘independence of judiciary’ is recognised in both the countries as one of the
    significant feature in their constitutions.

    Scope of the Study


    The scope of the study is to know about the Process of appointment of judges under the
    constitution of India and the USA.

    Research Methodology
    Researcher in this work has been done having relied mainly on ‘Doctrinal Method’ of research.
    The methodology adopted for the present seminar paper is doctrinal, analytical and descriptive.
    The researcher mainly depended on the primary sources like Statutes and Research Committee
    Report and secondary sources like books, articles, journals, case laws and websites. Opinions of
    research scholars, professors, experts in respective fields and opinions of advocates who have
    dealt with this subject are used as real contribution to this work. Internet has provided with a
    major contribution of most relevant and latest information on the web which has helped the
    researcher to explore the subject through various dimensions.
    National Law Institute University, Bhopal and its e-resources have played a crucial role in
    bringing out special material for the project paper. Opinions of experts published on the web
    also contributed to a great extent for conducting research in the subject.

    Research hypothesis
    The existing process of appointment of judges as established by the judicial precedents is
    satisfactory.

    Research problems
    The research problem addressed in this project work is that whether the provisions of the
    Indian Constitution as to the process of appointment of judges are clear and unambiguous or it
    needs to be supplemented by the judicial interpretation or it needs a constitutional amendment.

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