Challenges before Independent Judiciary

Subjective interests of individuals and partisan politics undermine the judiciary’s independence.

Former Chief Justice of India (CJI) Ranjan Gogoi burnished his credentials as the worst CJI this country has ever seen when he accepted the nomination by the President to the Rajya Sabha. At a time when the Supreme Court is being increasingly seen as compromised and beholden to the union government, the way in which Gogoi’s nomination was done stinks of quid pro quo. 

Defenders of the move have pointed to past instances of appointments of Supreme Court judges to the Rajya Sabha. The examples of Justices Baharul Islam and Ranganath Misra have been raised. There have also been instances in the past where the Supreme Court has functioned as a helpful adjunct of the union government, covering up for its misdeeds. The Court under CJIs A N Ray and M H Beg during the Emergency is a prime example. What we have not seen, however, are instances of the government brazenly rewarding a CJI who has surrendered the Court to it as Gogoi did. 

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Updated On : 20th May, 2020

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