Balancing Act

Chief Justice Khehar and the tussle between the executive and the judiciary

On 16 October 2015, Jagdish Singh Khehar struck down the NJAC Act in its entirety. The judgment marked a flashpoint in the long conflict between the executive and the judiciary over judicial appointments PREM SINGH FOR THE CARAVAN
On 16 October 2015, Jagdish Singh Khehar struck down the NJAC Act in its entirety. The judgment marked a flashpoint in the long conflict between the executive and the judiciary over judicial appointments PREM SINGH FOR THE CARAVAN
01 June, 2017

We’re glad this article found its way to you. If you’re not a subscriber, we’d love for you to consider subscribing—your support helps make this journalism possible. Either way, we hope you enjoy the read. Click to subscribe: subscribing

THE SUPREME COURT OF INDIA stands on a 17-acre triangular plot in central Delhi. It is built to resemble—from an aerial view—weighing scales, representing justice. The central wing, from which the scales hang, consists of 15 courtrooms. The right wing contains the offices of the attorney general for India and the solicitor generals of India, as well as the bar room for lawyers and a library. The left wing contains the administrative offices of the court.

Under the central dome of the building is the court of the Chief Justice of India. As the administrative head of the Supreme Court, the chief justice wields immense power over the court’s functioning, deciding what matters will be heard by which bench.

The chief justice’s courtroom has wood-panelled walls and a high ceiling, from which around a dozen fans hang low, spinning slowly. The judges sit on high-backed chairs lined with red velvet, placed on a raised platform under the seal of the Supreme Court. Arguing counsels sit on a bench placed on the floor about 15 feet away. A sense of occasion settles over visitors when they come in; lawyers often bow before entering and leaving the room.

Between the judges and the arguing counsels’ bench are tables stacked with rows of thick hardbound volumes, which also line shelves along the walls of the courtroom. These are the “Supreme Court Cases” volumes—yearly reports of the judgments delivered by the 44 chief justices who have presided over this court, and their fellow judges. Over the decades, these judgments have addressed questions such as whether the state has the power to curtail fundamental rights, whether election candidates can ask for votes in the name of religion, and whether gay sex should be decriminalised. The history of the Supreme Court is recorded in all its glories and flaws in these pages.

Thanks for reading till the end. If you valued this piece, and you're already a subscriber, consider contributing to keep us afloat—so more readers can access work like this. Click to make a contribution: Contribute