London, A recent publication by The Economist has brought to light concerns over the independence of India’s Supreme Court, particularly in relation to its rulings on the revocation of Jammu and Kashmir’s special status and the acquittal of Prime Minister Narendra Modi in the 2002 Gujarat riots. The report titled “Examining the Independence of India’s Supreme Court” has prompted discussions among legal experts, government officials, and the public about the judiciary’s autonomy in the face of government policies.
According to Kashmir Media Service, the report by The Economist has ignited debate on the Supreme Court’s stance on several critical issues, suggesting a pattern of decisions that align with the government’s interests, especially those of the Bharatiya Janata Party (BJP). This has raised questions about the court’s ability to function independently, a cornerstone for the rule of law in a democratic society.
The Economist’s investigation into the Supreme Court’s operations highlights instances where the court’s decisions have notably supported the ruling party’s agenda. This includes the controversial approval of the removal of Jammu and Kashmir’s special autonomy and the acquittal of Prime Minister Narendra Modi in connection with the 2002 anti-Muslim riots in Gujarat, both of which have been subjects of intense scrutiny and debate.
The analysis draws parallels with historical instances where the judiciary’s independence was compromised, such as during the Emergency declared by Indira Gandhi in the 1970s. While noting efforts by the judiciary to regain its authoritative stance post-Emergency, The Economist argues that structural and political pressures continue to challenge its independence.
Moreover, the report points to what it describes as “judicial avoidance,” where the court has delayed hearings on significant matters like the Citizenship Amendment Act, or seen withdrawals of crucial pleas, highlighting a hesitancy to engage with contentious issues.
The Economist’s publication calls for a thorough and open discussion on the Supreme Court’s independence, emphasizing the need for a multifaceted analysis to fully grasp the implications of its decisions on India’s democratic framework and the rule of law.
The discourse generated by The Economist’s report sheds light on the critical need for judicial independence in safeguarding democracy and highlights the ongoing challenges faced by the judiciary in maintaining its autonomy against political influences.