Instalment Credit. Edited and with an Introduction by Aubrey L. Diamond, LL.M., Solicitor of the Supreme Court, Professor of Law in the University of London (Queen Mary College). (British Institute Studies in International and Comparative Law No. 4.) [London: Stevens & Sons. 1970. xxiii, 233 and (Index) 5 pp. £4 8s. net.]

1970 ◽  
Vol 28 (2) ◽  
pp. 333-334
Author(s):  
L. S. Sealy
Author(s):  
Suhrith Parthasarathy

This essay is an overview of the use of comparative law in the NJAC Case, and offers a critique of the Supreme Court’s analysis of comparative law in judicial appointments. The essay argues that the Supreme Court adopted an isolationist approach by shunning international experience from fifteen countries cited before it by the Union of India to drive home the point that executive presence in judicial appointments does not, by itself, impinge upon judicial independence. The author contests the Supreme Court’s cursory dismissal of relevant international experience on the ground that India, with its peculiar set of circumstances cannot replicate the experiences of other nations in judicial appointments. The author argues that this is self-serving and the judgment would have been better served by a surer grasp of comparative law and its rationales.


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