Two papers studying bias in judicial decision-making in India using large data sets have come to very different conclusions. One examines bail decisions and finds that childhood exposure to communal riots seems to influence whether a judge is likely to grant bail. The other examines convictions and finds no trace of similar bias on grounds of religion or gender. Both papers shed light, in different ways, on the working of India’s legal system and are not necessarily contradictory.
The law punishing contempt of court leaves ample room for interpretation at the discretion of judges. Such discretion has the potential to be used to curb criticism of the judiciary.
Many consider that the National Green Tribunal, a relatively centralised and specialised court, set up in 2011 for “effective and expeditious disposal of cases relating to environmental protection”, is a misfit for a vast country like India, due to its inaccessibility to the majority of people.
