Verfassungsblog (Jan 2023)
The Indian Supreme Court Collegium Picking its Battle
Abstract
In an unprecedented move, the collegium of the Supreme Court of India on the 17th and 18th of January, 2023, passed resolutions calling out the executive’s delay in the judicial appointments of five advocates by publicly countering the government’s objections against their appointment. In this piece, I discuss how the Supreme Court collegium has confronted the discriminatory treatment of persons who openly identify as a part of the LGBTQIA+ community in the process of judicial appointments by standing up to the executive’s bullying. The piece also looks into how the collegium has confronted the union government’s attempt to suppress dissent among advocates and why these resolutions are highly consequential.