Judicial independence in politically sensitive cases a mixed bag: Abhishek Manu Singhvi

Senior Advocate Dr. Abhishek Manu Singhvi recently remarked that judicial independence in politically sensitive cases, describing it as a "mixed bag."

Singhvi emphasised that outcomes in such cases often hinge on bench composition.

"So you get from draw of lots where decisions will vary in 10 ways among the 17 benches," he stated.

Singhvi further highlighted the judiciary's tendency to avoid decisive rulings in some instances, remarking, “There is a tendency to take a decision to not decide, and another way is: operation successful, but the patient dies. This has happened in some recent cases.”

The Senior Advocate was speaking at an event organised to commemorate the 75th anniversary since the adoption of the Constitution of India.

Beyond this, Singhvi reflected on judicial review in India, describing it as "limitless" and predominantly beneficial. While acknowledging its erratic and uncontrolled aspects at times, he argued that these are exceptions rather than the rule.

"Now it is in all courts of the country. India's boundaries of judicial review is limitless and I think it is a good thing which has been done by somewhat erratic and uncontrolled judicial review than more harm. Aberrations do not define the rule. We should ensure that the unruly horse is ridden well," he said.

He also traced the evolution of the Supreme Court, identifying distinct phases from the safeguarding of individual rights in the 1950s and 60s, to the economic and social rights era, the emergency period marked by the ADM Jabalpur judgment, and the liberal leaning during the tenure of former Chief Justice DY Chandrachud.

"The last Chief Justice (CJI DY Chandrachud ) had a more liberal court where he tried to speak truth to power, tried, not always successful," he said.

On the role of media, he criticized the "debasement of discourse" in electronic media, which he suggested aids judicial independence by dissuading undue influence. He praised the print media as relatively more responsible.

"The debasement of discourse in media has actually helped judges to keep their independence and anybody watching this in right mind cannot be influenced.. the amount of garbage. The print media is slightly more responsible," he stated.