JOURNAL ARTICLE
The institutional failings of India's Chief Justice in the age of Modi.
Published In: International Journal of Constitutional Law, 2025, v. 23, n. 1. P. 160 1 of 3
Database: Legal Source 2 of 3
Authored By: Abeyratne, Rehan; Karwa, Surbhi 3 of 3
Abstract
The article examines the expansive and largely unchecked powers of the Chief Justice of India (CJI), focusing on how successive CJIs have allegedly misused their authority to facilitate democratic decline under Prime Minister Narendra Modi’s government. It details the CJI’s dual roles as head of the collegium system, which controls judicial appointments, and as master of roster, who determines case assignments and bench compositions in the Supreme Court of India (SCI). The article highlights institutional failures including lack of transparency in judicial appointments, abuses of administrative powers, and the Court’s reluctance to challenge executive overreach, which together have contributed to internal crises and weakened the SCI’s role as a constitutional guardian. Despite some recent reforms under CJI D.Y. Chandrachud, the article argues that the Court remains vulnerable to political influence and has largely abdicated its responsibility to uphold fundamental rights and democratic norms.
Additional Information
- Source:International Journal of Constitutional Law. 2025/01, Vol. 23, Issue 1, p160
- Document Type:Article
- Subject Area:Law
- Publication Date:2025
- ISSN:14742640
- DOI:10.1093/icon/moaf014
- Accession Number:187147664
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