Appointment of Judges to the Supreme Court of India:

Transparency, Accountability, and Independence

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Transparency, Accountability, and Independence Arghya
Sengupta And Ritwika Sharma

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Appointment of Judges to the
Supreme Court of India
Appointment of Judges to the
Supreme Court of India
Transparency, Accountability,
and Independence

Edited by
Arghya Sengupta
Ritwika Sharma

1
 1
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trademark of
Oxford University Press in the UK and in certain other countries.

Published in India by
Oxford University Press
2/11 Ground Floor, Ansari Road, Daryaganj, New Delhi 110 002, India

© Oxford University Press 2018

The moral rights of the authors have been asserted.

First Edition published in 2018

All rights reserved. No part of this publication may be reproduced, stored in

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prior permission in writing of Oxford University Press, or as expressly permitted
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address above.

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and you must impose this same condition on any acquirer.

ISBN-13: 978-0-19-948507-9
ISBN-10: 0-19-948507-0

Typeset in ITC Giovanni Std 9.5/12

by The Graphics Solution, New Delhi 110 092
Printed in India by Replika Press Pvt. Ltd
 This volume is dedicated to
Anil Divan (1930–2017) and T.R. Andhyarujina (1933–2017),
stalwarts of the Indian Supreme Court Bar
Foreword

I am glad that Arghya Sengupta and Ritwika Sharma have decided

to publish a book dealing with the appointment of judges to the
Supreme Court of India.
From time immemorial, mankind desired to have wise and humane
judges with the wisdom to discriminate between truth and falsehood.
The legends of King Solomon and Dharmaraja and the like are proof
of such desire. Mankind experimented with the process of identifying
wise people to be made judges. No process is perfect. Experience dem-
onstrates the shortcomings of every chosen selection process. So, the
experiment goes on.
It is said that an independent judge is the hallmark of democracy.
But there are also certain other attributes that go into the making of a
good judge. They are efficiency and integrity.
Efficiency of a judge depends upon the judge’s knowledge not only
of law but also of various other branches of learning. The wider the
range of knowledge, the greater the possibility of efficiency. However,
the mere possession of information is not knowledge. The ability to
analyse information systematically is an essential component to trans-
form relevant information into knowledge.
The popular understanding is that an independent judge is one who
is not afraid of deciding cases that come before him without troubling
himself with the question whether his opinion would be palatable to
the government. But there are other aspects of independence. Integrity
is no doubt an aspect of independence. To decide cases without being
influenced by considerations other than the law, such as personal and
political beliefs, is a key manifestation of integrity and, consequently,
xii Foreword

of independence. Not seeking to secure monetary benefits for deciding

a case in a particular way is perhaps its most critical manifestation.
Various societies in the modern world adopted different models of
selection processes for appointment of judges. India chose a model
when it became a republic. But the model is largely based on past
colonial practice. With changing times and changing economic and
political factors, the need to revisit the model was felt from time to
time, both by successive governments and the civil society. The latest
experiment was the Constitution (99th Amendment) Act, 2014, which
was struck down by the Supreme Court in the case now known as the
National Judicial Appointments Commission (NJAC) Case.
This book contains an examination of the legal history and back-
ground of the Constitution (99th Amendment) Act, 2014 and the views
expressed by the Supreme Court in the NJAC Case. It also contains
essays that examine models of appointment followed in some other
democratic societies.
The experiment goes on. The critique goes on. The last word is not
said. Perhaps it can never be said. The play must go on. The very fact
that the play goes on proves that society is vibrant. Vibrancy is one of
the vital elements for the sustenance of democracy.
This book is part of our vibrant democratic process. More are
welcome.

Justice Jasti Chelameswar

Judge, Supreme Court of India
2018
Introduction

I n the summer of 2015, for 32 days, the Supreme Court of India heard
arguments in the Supreme Court Advocates-on-Record Association and
others v. Union of India and others1 (NJAC Case). The case concerned
a challenge to the Constitution (Ninety-ninth Amendment) Act, 2014
(99th Amendment) to the Constitution of India which established the
National Judicial Appointments Commission (NJAC). Also challenged
was the National Judicial Appointments Commission Act, 2014 (NJAC
Act), which contained the procedure to be followed by the NJAC in
recommending appointments to the President of India. The NJAC was
to be the defining judicial reform of the new National Democratic
Alliance government that had swept into power in 2014. However, even
before it could start functioning, petitions to strike it down had been
filed in the Supreme Court.
From the initiation of proceedings itself, it was apparent that this
was not going to be an ordinary case. First, the presiding judge of the
Constitution bench, Justice Anil R. Dave, recused himself. In the recon-
stituted bench presided over by Justice Jagdish Singh Khehar, the gov-
ernment argued for several days as to why the matter must be referred
to a larger bench. This argument was made so that the Supreme Court
Advocates-on-Record Association v. Union of India2 (Second Judges’ Case)

1 (2016) 5 SCC 1.
2 (1993) 3 SCC 441. This is the second judgment in what are known as the
three ‘Judges’ Cases’ in the Indian Supreme Court’s jurisprudence. SP Gupta v.
Union of India, 1981 Supp SCC 87 is known as the First Judges’ Case, and Special
Reference No. 1 of 1998, Re, (1998) 7 SCC 739 is known as the Third Judges’ Case.

Appointment of Judges to the Supreme Court of India. First Edition. Edited by Arghya
Sengupta and Ritwika Sharma.
© Oxford University Press 2018. Published 2018 by Oxford University Press.
xiv Introduction

could be reconsidered and its ambiguities resolved. This request was,

however, denied. The delays occasioned by the change of bench and the
reference hearing meant that the Court continued hearing the matter
through its summer vacation.
On 15 July 2015, the hearings concluded and the Court reserved judg-
ment. As lawyers who were assisting the Union of India in preparing its
written submissions for this case, the seemingly endless cycle of argu-
ment, counter-argument, rejoinder, sur-rejoinder by diverse petitioners,
several governments, and public interest interveners demonstrated to
us a massive gulf in legal scholarship—there was no single book that
dealt with the politics, doctrine, and developments pertaining to judi-
cial appointments in India. This edited volume uses the NJAC Case as
the springboard to bridge this gulf—embarking on a larger political,
doctrinal, and comparative enquiry into judicial appointments in the
country and elsewhere.
Judicial appointments, the central issue in the NJAC Case and conse-
quently the volume, have been the subject of empirical and sociological
analysis in some prior, recent literature. Abhinav Chandrachud’s The
Informal Constitution (Oxford University Press, 2014) and George H.
Gadbois, Jr’s Judges of the Supreme Court of India: 1950–1989 (Oxford
University Press, 2011) are prominent examples. The volume of essays
titled Supreme but Not Infallible: Essays in Honour of the Supreme Court
of India edited by B.N. Kirpal, Ashok H. Desai, Gopal Subramanium,
Rajeev Dhavan, and Raju Ramachandran (Oxford University Press,
2000) also discusses controversies around judicial appointments in
some detail. This volume follows in their path, tackling this much-
discussed yet little-researched subject with a distinctly doctrinal and
comparative lens.
The centrality of judicial appointments in the narrative of the history
of the Supreme Court derives much from the political intrigue surround-
ing several appointments and non-appointments. The sudden passing
away of Chief Justice H.J. Kania appears to have led Jawaharlal Nehru to
consider offering the Chief Justiceship to Justice B.K. Mukherjea, doing
away with the seniority convention that would have meant Justice
Patanjali Sastri taking the reins. Better sense prevailed and the seniority
convention continued. The convention came under renewed stress fol-
lowing two supersessions—when the Janata government had to appoint
a Chief Justice after Justice M.H. Beg’s resignation, vociferous demands
 Introduction xv

were made not to appoint Justices Y.V. Chandrachud or P.N. Bhagwati

who had been party to the judgment of the Supreme Court in the infa-
mous case of Additional District Magistrate, Jabalpur v. Shivakant Shukla.3
Again, better sense prevailed and the convention continued. Today
however the steadfast observation of this convention has meant that
we have had Chief Justices with an average tenure of less than a year
for Chief Justices in the last six years. Previously, tenures have been as
short as 18 days (Chief Justice K.N. Singh) and 30 days (Chief Justice
Rajendra Babu). Such anecdotes, personalities, and critical episodes
have shaped the history and interpretation of law surrounding judicial
appointments in India. These form the subject matter of Part I of the
volume, which acts as a context-setter for the analysis to follow in Parts
II and III.
Part I begins with Suchindran B.N.’s critical analysis of the dynam-
ics of executive-judiciary relations in the matter of appointments from
1950 to 1973. Specifically, the essay traverses the historical journey of
appointments to the Supreme Court from the tenure of the first Chief
Justice of India, Justice H.J. Kania, to the appointment of Justice R.S.
Sarkaria as Judge of the Court in 1973. This spans the tenure of 14
Chief Justices and 53 appointments made to the Supreme Court. It
provides insights, and in some cases, hitherto unknown facts, about
the factors that prompted the appointment of certain justices to the
Court. The essay also documents the gradual incursion that the execu-
tive had begun to make in the latter half of the 1960s, particularly in
light of certain judicial decisions which appeared to the executive to be
confrontationist in nature. Appointments were not the focus of such
confrontations, but it was only to be a matter of time before they did.
The tipping point was the judgment of the Supreme Court in
Kesavananda Bharati v. State of Kerala4 (Kesavananda Bharati). In the sec-
ond essay that spans the tumultuous period between this judgment and
the end of the Emergency when Indira Gandhi was Prime Minister, Late
T.R. Andhyarujina brings appointments to the centre stage, demon-
strating how judicial appointments became a proxy for a larger battle
for control of the Constitution. Arguing that the independence of the
judiciary was imperilled beyond redemption, Andhyarujina carefully

3 (1976) 3 SCC 521.

4 (1973) 4 SCC 225.
xvi Introduction

traces the pattern of executive interference up to and after the procla-

mation of Emergency. He argues that the severe blow dealt to judicial
independence in this period, in a way, determined the course of how
the process for judicial appointments was shaped in future decades.
So unprecedented was the assault on judicial independence per-
petrated during the Emergency that its impact was felt long after it
was officially revoked. As a result, the 1980s have largely been seen
as a decade of executive consolidation over the judiciary, substituting
clandestine interference for overt attacks. A.K. Ganguli sets the record
straight by shedding light on the 1980s, particularly pertaining to the
First Judges’ Case. This judgment, largely seen in academic scholar-
ship as a genuflection of the judges before the executive, is defended
by Ganguli, arguing that it espoused the optimal balance that the
Constitution contemplated in the process of judicial appointments.
With the help of anecdotal examples, this essay tries to untangle the
case of the curious eighties, making the larger point that it is a decade
not amenable to easy typifying.
It is widely accepted in academic literature that the perceived dimin-
ishing of the role of the judiciary in the matter of appointments, and
consequently, the independence of the judiciary, led the Supreme
Court to wrest such power by means of a creative reinterpretation of
the Constitution in the Second Judges’ Case. Arun Jaitley critically reflects
on the effects of the Second Judges’ Case which created the judicial col-
legium of senior-most justices of the Supreme Court to primarily deter-
mine appointments to the higher judiciary, as concretised by Special
Reference No. 1 of 1998, Re5 (Third Judges’ Case). He explains how the
‘collegium’ came into being, without actually finding a mention in the
text of the Constitution. He makes a strong case for its reform through
practical examples of when the collegium failed in its constitutional
duties. Finally, he expresses an optimism that even though the NJAC
did not see light of the day, the intent to reform appointments pro-
cesses would persist.
An important lesson that emerges from the four preceding essays is
that the process of judicial appointments is as much political as it is
legal. Unfortunately, petitioners in various cases as well as the Supreme
Court itself have constantly treated it as a matter of only constitutional

5 (1998) 7 SCC 739.

 Introduction xvii

law. While this is only natural considering existing separation of pow-

ers or lack thereof in India’s constitutional framework, it is critical to
be cognizant of the political drama involving successive governments
and chief justices wresting the power to appoint judges. Pratap Bhanu
Mehta provides a deep insight into this conflict, asking why and
how the process of deciding upon a seemingly acceptable procedure
for judicial appointments has become the source of an interminable
confrontation between the executive and the judiciary, with neither of
the two willing to concede. Taking a step back, he argues that while
the government and the judiciary might individually be justified in
their stance, as a result of this conflict, public credibility of both these
institutions has been adversely affected. In any event, since reform of
the judicial appointments process continues to remain a live issue, he
offers some thoughts on what a possible NJAC-II, more amenable to all
branches of state, might look like.
This segues neatly into Part II which contains a critical analysis of the
various threads of judgment in the NJAC Case. Critical academic writing
on judgments of the Supreme Court of India has been limited to essays
and books by a few stalwarts, far less widespread than what a court
whose judgments have pervasive consequences, requires. Specifically,
sustained engagement with particular legal arguments in constitutional
cases has been even rarer. In what will hopefully become a template for
similarly significant constitutional judgments in the future, Part II of the
volume offers a close critique of the opinions in the NJAC Case—where
the judges got it right and where their reasoning is susceptible to criti-
cism. Of course, the NJAC Case dealt with a multitude of issues—some
such as laying down norms of judicial recusal—having little nexus with
appointments. In dealing with the NJAC Case, this volume makes no
claims to comprehensiveness, but instead, offers a close critique of the
legal reasoning adopted by the Court in coming to its key conclusions
that have a bearing on the future of judicial appointments.
It commences with an essay by Justice K.T. Thomas, who offers some
preliminary thoughts on the judgment in the NJAC Case. Thomas rues
the lack of any discernible attempt by the bench in the NJAC Case to read
down the provisions of the 99th Amendment. He argues that neither
the overwhelming majority with which the Amendment was passed
in Parliament, nor the Court’s own precedent, where it has tended to
read down amendments, came to the aid of the 99th Amendment. He
xviii Introduction

also argues how the mere apprehension of abuse of power by the emi-
nent persons or the Union Minister in-charge of Law and Justice (Law
Minister) ought not to have been deemed sufficient to invalidate a con-
stitutional amendment. In parting, Thomas provides some lessons, to
both legislators and courts, on how to ensure that future constitutional
amendments do not meet the fate of the 99th Amendment and receive
the respect they deserve.
So what exactly was wrong with the institutional design of the NJAC?
Mukul Rohatgi examines the role that the executive, represented by the
Law Minister, was expected to play on the NJAC. He succinctly charts a
history of what the Constituent Assembly envisaged the role of the execu-
tive to be and how this role eventually panned out in the appointments
process. This description culminates with an observation about how the
collegium system, meant to counteract executive interference in appoint-
ments, has come to be mired in controversy itself. In its examination of
the NJAC Case, Rohatgi notes how the Law Minister was viewed by the
bench as capable of clouding the views of the other members of the NJAC
in the process of appointment, or colluding with the eminent person(s)
to act as a structured bloc against the judicial members. He contests this
view on the ground that much of what led to the invalidation of the Law
Minister’s presence on the NJAC was based on conjectures and surmises,
and not so much on principled constitutional grounds.
Equally contested, if not more, was the presence of two eminent per-
sons envisaged by Parliament as civil society representatives on the NJAC.
Madhavi Divan takes a deep dive into the role of the civil society in the
judicial appointments process. She observes that the superior courts in
India, especially during the last few decades, have assumed an activist
role. Given such a role, at a time when several democracies around the
world are making conscious attempts to include members of the civil
society, or ‘lay’ members, in the appointments process, she argues that
India should not stay far behind, especially given the visibly public role
played by the Court. Eminent persons on the NJAC would have ensured
a voice to the common people in appointments, who are the eventual
consumers of the adjudication processes carried out by courts. More par-
ticularly, the inclusion of lay people in the appointments process would
have positively impacted the cause of diversity in appointments.
The ninth essay in this volume deals with the ramifications of the
judgment in the NJAC Case for the basic structure doctrine. The doctrine
 Introduction xix

of basic structure places limits on the legislative power to amend the

Constitution, and owes its origins to the judgment of the thirteen-judge
bench of the Supreme Court in the Kesavananda Bharati case. While
an exhaustive list of which aspects of the Constitution comprise the
‘basic structure’ eludes us, the judges in Kesavananda Bharati provided
certain illustrations. According to Raju Ramachandran and Mythili
Vijay Kumar Thallam, the judges in the NJAC Case, by striking down
the 99th Amendment for violating the basic structure, appear to have
conceptually expanded the remit of the basic structure doctrine signifi-
cantly. They conclude that the contents of what was held to be part of
basic structure in the NJAC Case are largely incapable of being defended
normatively. Against this background, they chart the significance of the
judgment on constitutional law and separation of powers questions in
the future.
A different perspective on the judgment is provided by Arvind Datar
who launches a scathing indictment of the NJAC Act, and presents what
he calls the ‘fatal flaws’ in the legislation. If the legislative enactment is
as flawed, Datar argues, the judgment can scarcely be anything but a
resounding invalidation. It calls out the NJAC Act for its faulty drafting,
and how it was open to challenge on eight specific grounds. He believes
that the NJAC Act was not the fruit of a particularly thoughtful exercise
in drafting of laws, a view which was also accepted by the Court. The
presence of an even number of members, absence of qualifications for
eminent persons, the susceptibility of the appointments process to be
amended by Parliamentary law, and the possibility of misuse of the
veto power were some of the grounds which indicated that the NJAC
was doomed to fail.
The doctrinal device on which the NJAC Case was won and lost
was the effect of the amendment on judicial primacy. Gautam Bhatia,
through a close reading of the NJAC Case, assesses both whether as a
descriptive fact the judgment held judicial primacy to be part of the
basic structure, as well as whether such reading was normatively justi-
fied. Bhatia also expresses reservations about the extent of the Court’s
engagement with the concept of ‘primacy’—its importance for the inde-
pendence of the judiciary, and whether it is part of the basic structure
of the Constitution.
While much discussion on the NJAC Case has centred on Justice
Khehar’s lead opinion, it was our firm belief that Justice Lokur’s
xx Introduction

concurring opinion merits a standalone piece in the volume. Alok

Prasanna Kumar comments on the robust defence of the collegium
system as espoused in Justice Lokur’s opinion. Justice Lokur’s defence
of the collegium makes for a compelling read at a time when the col-
legium system has been receiving all-round criticism for its manner of
functioning. While Justice Lokur’s defence is vehement, Kumar high-
lights certain principled (and pointed) deficiencies of the collegium
which might have not been considered adequately. Equally, he argues
that the notion that the collegium upholds judicial independence does
not, by itself, mean that an alternative system of appointments would
be likely to disturb it, or would not be able to satisfactorily uphold it.
In a judgment which invalidates a constitutional amendment by a
majority of 4:1, the dissenting opinion is bound to stand out, more
so if it is as incisive as the one delivered by Justice Chelameswar in
the NJAC Case. Arghya Sengupta dissects the methodology adopted by
Justice Chelameswar for assessing the validity of a Constitution amend-
ment tested against the basic structure, and applies this methodology
to test the validity of the 99th Amendment. He brings to light Justice
Chelameswar’s careful understanding of the constitutional relation-
ship between the executive and the judiciary in light of the separation
of powers principle, lost in his brethren’s over-emphasis on select
instances from constitutional history.
Part II of the volume ends with a few key thoughts by Gopal
Subramanium on how the judgment in the NJAC Case is a befitting
affirmation of judicial independence by the Supreme Court. This essay
provides a conceptual understanding of judicial independence, against
the backdrop of certain pivotal instances from India’s judicial history.
The highlight of this essay is Subramanium’s discussion of Union of
India v. Sankalchand Himatlal Sheth6—a judgment crucial for establish-
ing the contours of judicial independence in the context of transfer of
High Court judges. This essay gives this case the attention it merits by
addressing the issue of judicial independence against its backdrop.
The Supreme Court of India has had an inconsistent record in its
approach towards comparative law. While in a judgment dealing with
the role of public prosecutors,7 it quoted extensively from laws in

6 (1977) 4 SCC 193.

7 National Human Rights Commission v. State of Gujarat, (2009) 6 SCC 767.
 Introduction xxi

Commonwealth countries, in Suresh Kumar Koushal v. Naz Foundation,8

upholding the criminalization of intercourse against the order of nature,
it refused. A similar reluctance to embracing comparative experiences
was seen in the NJAC Case. Whether such reluctance was justified, and a
reference to some experiences that might have justified a fuller embrace
of comparative law, is the subject matter of Part III of this volume.
This part begins with Suhrith Parthasarathy’s overview of the use
of comparative law in the NJAC Case, calling out the judgment for its
absence of a reasonable analysis of the comparative experience. He
shows how 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 pres-
ence in judicial appointments does not, by itself, impinge upon judicial
independence. Parthasarathy contests the Supreme Court’s cursory dis-
missal 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. He argues that this is self-
serving and the judgment would have been better served by a surer
grasp of comparative law and its rationales.
Part III then proceeds to examine the judicial appointments processes
in select jurisdictions across the world. These essays are an exercise in
analysing the relationship between appointment processes in various
jurisdictions and independence of their judiciaries. The selection of
jurisdictions is reflective of the currently active state of debates and
developments around judicial appointments in each of them together
with their relevance for India.
The country which has made rapid reforms despite a well-established
and fairly well-functioning appointments system has been the United
Kingdom (UK). Chintan Chandrachud discusses the transition to the
commission model of judicial appointments in the UK with the advent
of the Constitutional Reform Act of 2005 (UK CRA). Besides remodel-
ling the office of the Lord Chancellor, the UK CRA also established a
new Supreme Court for the UK. Chandrachud describes the historical
reasons which were instrumental in the enactment of the UK CRA. Most
significantly, the commission model in the UK provides for a sustained
participation of ‘lay’ members, who are expected to be representatives

8 (2014) 1 SCC 1.
xxii Introduction

of the civil society. This, Chandrachud argues, did not receive adequate
consideration by the Indian Supreme Court in the NJAC Case. As a
result, the judgment is either incorrect, or highly reductionist, when it
says that the appointments process in the UK shows an increasing trend
towards judicialization.
From the UK, the volume proceeds to another Commonwealth juris-
diction—South Africa—where the Judicial Service Commission (JSC)
has been established in accordance with the South African Constitution
and is regulated under the Judicial Service Commission Act, 1994. Chris
McConnachie analyses the JSC’s performance over the last two decades,
about which opinion appears to be divided. McConnachie describes
how the JSC has been successful in enhancing transparency in the selec-
tion process and improving the diversity of the judiciary. At the same
time, the substantial number of politicians on the JSC has constantly
irked its detractors, who apprehend undue political interference in
appointments. Notwithstanding these concerns, McConnachie remains
categorical about the South African judiciary being independent and
credible. In this context, McConnachie makes an important point, one
which holds immense significance for India—that the independence of
the judiciary remains contingent on several variables, and the identity
of those making the appointments is just one such.
From the commission model, the volume turns to look at a system
where appointments are made primarily at the behest of the executive.
Peter McCormick, traces the genesis of the Supreme Court of Canada
under the Supreme Court Act of 1875 (Supreme Court Act), and the
procedure for appointment of judges. The procedure as described in
the Supreme Court Act is brief, and only envisages that judges are to
be appointed by the Governor in Council. However, the way judicial
appointments have actually worked in Canada constitutes an impor-
tant lesson for India. A reformed procedure for appointments involves
the Prime Minister and the Minister of Justice interacting with vari-
ous Chief Justices, law school deans, and provincial justice ministers
to solicit names of potential appointees. McCormick argues that the
widening of the pool where consultation is made has resulted in the
appointment of persons with diverse credentials. Thus, the Canadian
experience demonstrates variations in appointment mechanisms for
broad-based consultation even in the absence of a commission model.
McCormick however rues that most innovations in the appointments
 Introduction xxiii

process have been short-lived, and there has been a general reversion to
a more secretive process.
The volume then turns to the sub-continent and an analysis of
appointments processes in Pakistan, Sri Lanka, and Nepal, countries
culturally closer, in many ways, to India. Sameer Khosa discusses the
landmark developments pertaining to judicial appointments in the last
decade in Pakistan. Pakistan began its experiment with the commission
model of appointments with the Constitution (Eighteenth Amendment)
Act, 2010 (18th Amendment) which established the Judicial Commission
of Pakistan, comprising members from across the judiciary, political
executive, and the bar. Much like the 99th Amendment to the Indian
Constitution, the 18th Amendment in Pakistan was also challenged
before the Supreme Court of Pakistan. However, unlike in India, the
Supreme Court of Pakistan upheld the 18th Amendment in District Bar
Association, Rawalpindi v. Federation of Pakistan9 (District Bar Association).
Khosa discusses the appointments process in Pakistan that existed prior
to the 18th Amendment, followed by a close examination of the judg-
ment in District Bar Association. He argues that even though the 18th
Amendment, which ushered in the commission model in Pakistan, was
upheld, by means of interpretation, what the Supreme Court has upheld
is different from the process envisaged by this Amendment.
Rehan Abeyratne describes the trajectory followed by judicial
appointments in Sri Lanka under its constitutions, each of which, he
argues, has been successively less protective of judicial independence.
Abeyratne analyses the switch to a transformed appointments process
in 2001 when the power to appoint judges of the Court of Appeal and
the Supreme Court was vested in the Constitutional Council, a ten-
member body comprising largely of members of the Legislature. He
also analyses the eventual reversion to President-led appointments
in 2010. The controversial impeachment case of Chief Justice Shirani
Bandaranayake reveals how processes for removal were as politicized
as that of appointments. Abeyratne argues that politicization, in part,
was also the consequence of the excesses perpetrated by the previous
government, and hopes that the coming into power of a new govern-
ment under President Maithripala Sirisena will assist in depoliticizing
the judicial appointments process.

9 PLD 2015 SC 401.

xxiv Introduction

The volume culminates with a discussion around the live topic of

judicial appointments in Nepal, in its recently enacted Constitution
of 2015 (which is Nepal’s seventh). Semanta Dahal’s essay analyses
how Nepal has consciously made attempts to depoliticize judicial
appointments—while appointments to the Supreme Court were
originally made at the behest of the executive (the monarch), the fifth
Constitution onwards (in 1990), appointments became the prerogative
of the ‘Judicial Council’, a body chaired by the Chief Justice of Nepal,
comprising members from the executive as well as the bar. By the
time Nepal enacted its Interim Constitution of 2006, judicial appoint-
ments involved all three branches of the government. The procedure
required judges nominated by the Judicial Council to attend a com-
pulsory hearing before the Parliamentary Hearing Special Committee.
Dahal observes that the 2015 Constitution retains the Judicial Council
and the Parliamentary Hearing Special Committee, and by necessary
implication, the model of power-sharing between the three branches
of government. Though still largely untested, Dahal believes that the
appointment procedures under this Constitution may lead to appro-
priate selections being made, though its complicated power-sharing
devices might quite easily descend into a gridlock.
The Supreme Court of India has rightly been described by a com-
mentator as the most powerful Court in the world.10 Within the powers
vested in it by the Constitution, it awards the death penalty, overthrows
elected governments, and lays down which parts of the Constitution
are immune to amendment by Parliament. The NJAC Case reflects a
particular constitutional vision—that sustaining the credibility of
such a powerful court requires careful and impartial selection that a
non-partisan commission without a clear majority of judges is institu-
tionally ill-equipped to do. The history of judicial appointments, the
reasoning employed by the judges in the case as well as a comparative
understanding of appointments processes in other jurisdictions, sug-
gest that the reality is perhaps a little more complex. It is some of this
richer and more complex reality that this volume attempts to capture.

10 S.P. Sathe, ‘Judicial Activism: The Indian Experience’ (2001) 6 Washington

University Journal of Law 29, 43, 87.

 From Kania to Sarkaria
Judicial Appointments from 1950 to 1973
1 suchindran b.n.*

O n 26 January 1950, the founders of the Indian Republic created

the Supreme Court of India. In an act of great faith and trust, they
bequeathed to its judges the product of their great labours. The Court,
in the words of one its members, was intended to be the ‘sentinel on
the qui vive’.1 To say that this bequest was made without any reserva-
tions would be untrue. There were apprehensions expressed as to how
the new Court would respond to the ‘new deal’ legislation attempting
to create a new social order through radical changes to property rights
and social equality laws.2 But the Assembly was equally clear that they
wanted an independent and not a subservient court. As Nehru put it,

* The author would like to thank Vikram Raghavan for his encouragement
and discussions; and two law students, Gaurav Natarajan and Akshay Nagarajan,
who provided research assistance for this essay. He would also like to add that
most of the facts for this essay have been taken from interviews conducted by
scholars such as George H. Gadbois, Jr and Granville Austin, autobiographies
of the judges themselves, or persons involved in the appointment process. It
can be safely presumed that with regard to their own appointments, the judges
might have glossed over any canvassing that they might have done and, in many
cases, did not know the actual deliberations that led to their appointment.
1 State of Madras v. V. G. Row, 1952 SCR 597 [13].

2 As Nehru put it: ‘Within limits no judge and no Supreme Court can make

itself a third chamber.’ Constituent Assembly of India Debates, vol 9, no 4 (Lok

Sabha Secretariat) 10 September 1949, 1195–6.

Appointment of Judges to the Supreme Court of India. First Edition. Edited by Arghya
Sengupta and Ritwika Sharma.
© Oxford University Press 2018. Published 2018 by Oxford University Press.
4 Appointment of Judges to the Supreme Court of India

the ‘judges should not only be first rate, but should be acknowledged
to be first-rate in the country, and of the highest integrity, if necessary,
people who can stand up against the executive government, and who-
ever may come in their way’.3
Such an independent court was not unknown to colonial India, but
the founders knew that this could only be ensured by an untainted
appointment process. After some debate, and considering various
options and suggestions, the Assembly accepted the suggestion that the
President (i.e., the executive government) shall appoint the Judges of
the Supreme Court after consultation with such judges of the Supreme
Court and High Court as she would deem necessary, provided that the
Chief Justice of India shall be consulted in all appointments except his
own.4 On this basis, a practice developed by which the Chief Justice
of India initiated appointments. Indignantly, Home Minister Govind
Ballabh Pant wrote, after publication of the Law Commission’s adverse
findings of political interference, that every appointment had actually
followed the final advice of the Chief Justice of India.5
The first phase (1950–73) saw the Court traverse all possible jur-
isprudential philosophies on the journey from the literalism of A.K.
Gopalan v. State of Madras6 in 1950 to becoming an unapologetic and
de facto third chamber of the legislature restricting the parliamentary
right to amend the Constitution itself in Kesavananda Bharati v. State
of Kerala7 in 1973. They did this by following a judicial method best
illustrated by American Chief Justice Charles Evan Hughes, Sr., who
once said that we are under a Constitution, but the Constitution is
what the judges say it is. This period saw 14 Chief Justices and a total
of 53 appointments to the Court.8 The story of these appointments is
the story of how providence, manipulation, and destiny can influence
an institution.

3 Constituent Assembly of India Debates, vol 8, no 3 (Lok Sabha Secretariat)

24 May 1949, 247–60.

4 Constitution of India, art. 124(2), as originally enacted.

5 Prasad Papers, Letter from Pant to Setalvad, 22 August 1957 (National

Archives of India, File 47). He was talking about High Court appointments.
6 AIR 1950 SC 27.

7 (1973) 4 SCC 225.

8 The full strength of the Court began with 7 and was increased to 14 in

1960, and this continued to be the position till 1977.

 From Kania to Sarkaria 5

The Early Years (1950–64)

Justice Harilal Jekisondas Kania took over as the first Indian Chief
Justice of the Federal Court at the dawn of Independence. Controversies
relating to appointments had already begun in the Federal Court at that
time.9 Justice Kania himself was recommended to the Court because
of a wrong that the incumbent Chief Justice of Bombay, Sir Leonard
Stone, felt had been committed when he was passed over for his own
post because of an altercation with the previous Chief Justice.10
Justice Kania initiated all further appointments to the Federal Court,
but under the watchful eyes of Sardar Patel’s Home Ministry. With
the exception of Justice Saiyid Fazl Ali who had been appointed just
prior to Independence, Justice Kania extended invitations to Justice
Mundakathalur Patanjali Sastri, Justice Meher Chand Mahajan, Justice
Bijan Kumar Mukherjea, and Justice Sudhi Ranjan Das to join the
Court.11 After the constitution of the Supreme Court, Justice Nagapudi
Chandrashekhara Aiyar and Justice Vivian Bose were also extended
invitations by Kania himself. Most of these appointments were based
on exemplary judicial records and seniority in the High Courts, but
also keeping in mind the necessity of regional and religious repre-
sentation.12 Most of these judges were from either privileged or legal,

9 Chief Justice Maurice Gwyer had not been consulted in the decision to

supersede Sir S. Varadachariar and appoint Sir Patrick Spens as his successor.
When Gwyer protested, Viceroy Linlithgow replied, ‘I think there is no doubt so
far as the memorandum of procedure is concerned, that there has been a serious
error in procedure for which, so far as responsibility rests here, I must apologise to
you,’ Kuldip Nayar (ed.), Supersession of Judges (Indian Book Company 1973) 18.
10 Motilal Setalvad, My Life: Law and Other Things (NM Tripathi Pvt Ltd

1971) 56, 82 (‘Setalvad’). See also interview with H.M. Seervai mentioned in
George H. Gadbois, Jr, Judges of the Supreme Court of India (1950–89) (Oxford
University Press 2011) 20 (‘Gadbois’).
11 He also extended an invitation to Justice Mahommedali Currim Chagla

who declined. This fact is documented in letters from Kania to Chagla, dated
December 1, and 22, 1949. See Abhinav Chandrachud, ‘My Dear Chagla’, 31(2)
Frontline (February 2014) <http://www.frontline.in/the-nation/my-dear-chagla/
article5589838.ece> accessed 28 September 2016.
12 Justice Das and Justice Mukherjea represented the East; Justice Kania and

Justice Bose the West; the North was represented by Justice Fazal Ali and Justice
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 Machine Learning - Exam Preparation
Fall 2021 - Institute

Prepared by: Professor Johnson

Date: August 12, 2025

Conclusion 1: Literature review and discussion

Learning Objective 1: Practical applications and examples
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 2: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Learning Objective 3: Problem-solving strategies and techniques
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Learning Objective 4: Learning outcomes and objectives
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 4: Diagram/Chart/Graph]
Learning Objective 5: Fundamental concepts and principles
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Ethical considerations and implications
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 6: Diagram/Chart/Graph]
Remember: Study tips and learning strategies
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Experimental procedures and results
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Experimental procedures and results
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 9: Current trends and future directions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Summary 2: Theoretical framework and methodology
Example 10: Ethical considerations and implications
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 11: Key terms and definitions
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Assessment criteria and rubrics
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 13: Key terms and definitions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Current trends and future directions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Literature review and discussion
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 16: Study tips and learning strategies
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Best practices and recommendations
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 18: Best practices and recommendations
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Problem-solving strategies and techniques
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Background 3: Study tips and learning strategies
Note: Critical analysis and evaluation
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Practical applications and examples
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 22: Diagram/Chart/Graph]
Practice Problem 22: Case studies and real-world applications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Assessment criteria and rubrics
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 24: Learning outcomes and objectives
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Interdisciplinary approaches
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 27: Learning outcomes and objectives
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 28: Literature review and discussion
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Fundamental concepts and principles
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Results 4: Experimental procedures and results
Note: Case studies and real-world applications
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 31: Experimental procedures and results
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Theoretical framework and methodology
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
[Figure 33: Diagram/Chart/Graph]
Important: Assessment criteria and rubrics
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 34: Literature review and discussion
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 35: Interdisciplinary approaches
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 36: Diagram/Chart/Graph]
Example 36: Comparative analysis and synthesis
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Research findings and conclusions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Key Concept: Case studies and real-world applications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Practical applications and examples
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Test 5: Theoretical framework and methodology
Important: Theoretical framework and methodology
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 41: Practical applications and examples
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Research findings and conclusions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 43: Diagram/Chart/Graph]
Key Concept: Historical development and evolution
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 44: Diagram/Chart/Graph]
Remember: Literature review and discussion
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 45: Diagram/Chart/Graph]
Definition: Theoretical framework and methodology
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Learning outcomes and objectives
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Key terms and definitions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Ethical considerations and implications
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 49: Diagram/Chart/Graph]
Important: Practical applications and examples
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 50: Diagram/Chart/Graph]
References 6: Ethical considerations and implications
Practice Problem 50: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Fundamental concepts and principles
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 52: Diagram/Chart/Graph]
Practice Problem 52: Best practices and recommendations
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 53: Comparative analysis and synthesis
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 54: Diagram/Chart/Graph]
Remember: Comparative analysis and synthesis
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Best practices and recommendations
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 56: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Case studies and real-world applications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Problem-solving strategies and techniques
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Chapter 7: Problem-solving strategies and techniques
Example 60: Problem-solving strategies and techniques
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Assessment criteria and rubrics
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 62: Diagram/Chart/Graph]
Note: Experimental procedures and results
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 63: Fundamental concepts and principles
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 64: Diagram/Chart/Graph]
Remember: Theoretical framework and methodology
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Note: Research findings and conclusions
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Practical applications and examples
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Theoretical framework and methodology
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 68: Diagram/Chart/Graph]
Practice Problem 68: Problem-solving strategies and techniques
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Theoretical framework and methodology
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice 8: Problem-solving strategies and techniques
Important: Critical analysis and evaluation
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 71: Diagram/Chart/Graph]
Remember: Theoretical framework and methodology
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Assessment criteria and rubrics
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Theoretical framework and methodology
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Study tips and learning strategies
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Research findings and conclusions
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Problem-solving strategies and techniques
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Experimental procedures and results
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 78: Ethical considerations and implications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 79: Diagram/Chart/Graph]
Note: Practical applications and examples
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 80: Diagram/Chart/Graph]
Unit 9: Practical applications and examples
Important: Problem-solving strategies and techniques
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 81: Diagram/Chart/Graph]
Example 81: Statistical analysis and interpretation
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 82: Statistical analysis and interpretation
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Experimental procedures and results
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Best practices and recommendations
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Comparative analysis and synthesis
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 86: Diagram/Chart/Graph]
Remember: Theoretical framework and methodology
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Ethical considerations and implications
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 88: Diagram/Chart/Graph]
Remember: Learning outcomes and objectives
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Case studies and real-world applications
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Section 10: Comparative analysis and synthesis
Important: Research findings and conclusions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 91: Diagram/Chart/Graph]
Definition: Experimental procedures and results
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Ethical considerations and implications
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Problem-solving strategies and techniques
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 95: Literature review and discussion
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 96: Problem-solving strategies and techniques
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Research findings and conclusions
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Experimental procedures and results
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 99: Diagram/Chart/Graph]
Note: Learning outcomes and objectives
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Discussion 11: Experimental procedures and results
Example 100: Problem-solving strategies and techniques
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 101: Diagram/Chart/Graph]
Note: Practical applications and examples
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Definition: Problem-solving strategies and techniques
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 103: Best practices and recommendations
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 104: Diagram/Chart/Graph]
Definition: Assessment criteria and rubrics
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Historical development and evolution
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Note: Theoretical framework and methodology
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Historical development and evolution
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 108: Diagram/Chart/Graph]
Example 108: Case studies and real-world applications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Theoretical framework and methodology
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 110: Diagram/Chart/Graph]
Discussion 12: Best practices and recommendations
Note: Experimental procedures and results
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 111: Diagram/Chart/Graph]
Important: Problem-solving strategies and techniques
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 112: Research findings and conclusions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 113: Diagram/Chart/Graph]
Example 113: Case studies and real-world applications
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Fundamental concepts and principles
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 115: Diagram/Chart/Graph]
Example 115: Current trends and future directions
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Comparative analysis and synthesis
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 117: Problem-solving strategies and techniques
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Practical applications and examples
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Historical development and evolution
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Quiz 13: Problem-solving strategies and techniques
Practice Problem 120: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 121: Problem-solving strategies and techniques
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Critical analysis and evaluation
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Key terms and definitions
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Study tips and learning strategies
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Assessment criteria and rubrics
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 126: Diagram/Chart/Graph]
Example 126: Fundamental concepts and principles
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Practice Problem 127: Historical development and evolution
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 128: Ethical considerations and implications
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Current trends and future directions
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 130: Diagram/Chart/Graph]
Appendix 14: Critical analysis and evaluation
Example 130: Learning outcomes and objectives
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Example 131: Historical development and evolution
• Practical applications and examples
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Ethical considerations and implications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 133: Key terms and definitions
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Key terms and definitions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Current trends and future directions
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 136: Diagram/Chart/Graph]
Example 136: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Interdisciplinary approaches
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 138: Critical analysis and evaluation
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Literature review and discussion
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 140: Diagram/Chart/Graph]
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