The book delves into the intellectual debates that took place on this matter in the Constituent Assembly, the Supreme Court and Parliament. Several contentious issues are examined dispassionately: are reservations an exception to the principle of equality of opportunity? Do quotas in government service undermine efficiency? Can 'merit' really be defined neutrally? What is the thinking behind the rule that no more than 50 per cent of the available seats or positions can be reserved?Reservation or affirmative action is a hugely controversial policy in India. While constitutionally mandated and with historians, political scientists and social activists convinced of its need, many resist it and consider it as compromising 'merit' and against the principle of equality of opportunity.

Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from?Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India.Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.

The book delves into the intellectual debates that took place on this matter in the Constituent Assembly, the Supreme Court and Parliament. Several contentious issues are examined dispassionately: are reservations an exception to the principle of equality of opportunity? Do quotas in government service undermine efficiency? Can 'merit' really be defined neutrally? What is the thinking behind the rule that no more than 50 per cent of the available seats or positions can be reserved?Reservation or affirmative action is a hugely controversial policy in India. While constitutionally mandated and with historians, political scientists and social activists convinced of its need, many resist it and consider it as compromising 'merit' and against the principle of equality of opportunity.

Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from?Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India.Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.