The Limp Arm of the Law | Jurisprudence
A court has to be 'countermajoritarian', but recent judgments and court actions have challenged this axiom.
These have been turbulent years for the Supreme Court. The rumblings in court erupted in a press conference when, on January 12, 2018, four of the seniormost judges charged that "of late...cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this court selectively to the benches 'of their preference' without any rational basis for such assignment". They charged that cases were being taken away midway through the hearing and handed over to handpicked judges. In other words, four judges in the collegium were accusing the then CJI of bench-fixing.
The National Judicial Appointments Commission was struck down in 2015 with an extraordinary provision
