Chief Justice of India - Appointments and Disappointments that Have Weakened Judicial Independence

Abstract

Judicial independence is constitutionally protected but the precept has been vitiated by instances of political overreach including attempts to have CJIs who are amenable if not pliable. Though all appointees have been eminent jurists, as administrative head of the judiciary they have disappointingly failed to keep the political executive at bay. Twin issues, judges not sitting en banc and their early retirement, provide motive and opportunity for political interference. On both counts, CJIs have done precious little, some even engaging in quid pro quo. CJIs must press for a Constitution Division to sit en banc, ensure appellate jurisdiction is not abused, retirement age of judges is raised and post-retirement engagements by the government is prohibited. Since in a populous democracy political interference is not surprising, it is for CJIs to thwart those machinations by institutionally progressing judicial reforms and individually proclaiming: I am not available.