From Mythic Saviours to #MeToo at the Indian Supreme Court

2021 ◽  
Vol 8 (2) ◽  
pp. 226-254
Author(s):  
Deepa Das Acevedo

AbstractThe Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”

Author(s):  
Benjamin Alarie ◽  
Andrew J. Green

This chapter examines how judges are influenced not only by formal rules of how the court is to arrive at decisions, but also by norms of decision-making. It discusses the existence and strength of norms of consensus on different courts. Courts vary to a surprising extent in the size and causes of disagreement amongst judges. The two most extreme cases in our sample are the US Supreme Court, with over half of the cases having at least one dissent, and the Indian Supreme Court where only about 5 percent of cases involve a dissent. We find evidence that, depending on the country, a judge is influenced in whether she dissents by policy differences with other judges and her own workload. However, a judge’s decision to dissent also appears related to the background norms of whether it is acceptable to dissent, and the leadership of the chief justice or president of the court.


1998 ◽  
Author(s):  
Shanan Gwaltney Gibson ◽  
Heather Roberts-Fox

1947 ◽  
Vol 14 (2) ◽  
pp. 325
Author(s):  
Edward L. Friedman ◽  
Samuel J. Konefsky

1946 ◽  
Vol 32 (2) ◽  
pp. 455
Author(s):  
C. Herman Pritchett ◽  
Samuel J. Konefsky

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