South Asia Justice Campaign and Toby Cadman & Omar Soliman of Guernica 37 Group release report examining the perception of independence and impartiality of the Supreme Court of India

G37 Group Press Statement

The Supreme Court of India is widely hailed as the one of the most powerful Supreme Courts in the world and this reputation is exemplified by its remarkable substantive and procedural innovations in the past. Following the election of the Hindu Nationalist Bharatiya Janata Party (BJP) in 2014, observers have reported a systematic effort by the executive to undermine India’s democratic institutions, including the courts.

These developments have been particularly detrimental to religious and ethnic minorities in India. Considering the role of the judiciary in protecting their rights, judicial independence and impartiality is key to safeguard minority communities against violations by the state.

The report “Perception of Judicial Independence and Impartiality at the Indian Supreme Court” examines how and to what extent a reasonable observer may perceive judicial independence and impartiality based on emblematic cases before the Supreme Court as well as the conduct of judges inside and outside of the courtroom. It uses the appearance-of-bias standard, meaning the perception of a person able to hold rational and objective opinions based on observable facts.

Based on publicly available documents, including official court documents and NGO reports among others, as well as interviews with experts and legal practitioners, the report identifies several indicators that contribute to the appearance of bias and selective justice, undermining the protection of minorities. In particular, the report finds that weaknesses in institutional independence reinforce the perception of selective justice, and the untransparent manner of listing, assigning and scheduling cases raise doubts about judicial impartiality. These findings are confirmed by various commentators and legal practitioners who have voiced concerns on the state of the judiciary in India.

Perception of Judicial Independence & Impartiality at the Indian Supreme Court.pdf

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