The Atlantic

India’s Supreme Court Is Teetering on the Edge

After an autocratic ruler tried to stymie the judiciary’s independence, advocates worked to depoliticize the body. But that wasn’t the only problem.
Source: Adnan Abidi / Reuters

NEW DELHI—India has seen an autocratic ruler once before.

In 1973, Prime Minister Indira Gandhi passed over three senior judges to appoint a pliant contender as the chief justice of India’s Supreme Court. Two years later, after a high court barred her from holding office because of election irregularities, she declared a national emergency. Civil liberties were suspended, and her political opposition jailed. When her decrees came before the Supreme Court, a bench of five justices, led by her appointee, sided with her. The emergency lasted for 21 months.

That period has a newfound resonance in India these days. Prime Minister Narendra Modi, who is running for reelection in ongoing polls, has spent his first term centralizing power while debasing the institutions that were supposed to curb such impulses. The autonomy of educational, legislative, economic, and investigative bodies—not very lofty to begin with—has gone into a downward spiral. Like great clouds, questions have gathered over the autonomy of the

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