THE ISSUE
The Supreme Court of India is one of the most powerful constitutional courts in the world. Yet, in its methods of appointment and accountability, its functioning is opaque and insulated. Such opacity and insulation is justified by the ostensible need for judicial independence.
This talk, based on Arghya Sengupta’s new book, ‘Independence and Accountability of the Indian Higher Judiciary (Cambridge University, Press, 2019) will argue why the present understanding of judicial independence is flawed and requires a rethink.
Using Indian constitutional history and Anglo-American political thought, it is clear judges are most respected when they are lions under the throne and not on it. They must be both independent and accountable, boldly speaking truth to power, while in turn being checked and balanced by government, Parliament and the citizenry.
Justice J Chelameswar, former Judge of the Supreme Court, shall engage in a conversation with Mr Sengupta.