Justice Arun Mishra & The Supreme Court’s Rule Of Whim. By Anup Surendranath, Aparna Chandra & Suchindran Baskar Narayan
Two days before his retirement from the Supreme Court, a bench headed by Justice Arun Mishra sentenced Prashant Bhushan for “destablising the very foundation” of the judiciary by posting two tweets. In one of them, Prashant Bhushan said: “When historians in future look back at the last 6 years to see how democracy has been destroyed in India even without a formal Emergency, they will particularly mark the role of the Supreme Court in this destruction, & more particularly the role of the last 4 CJIs.”
If Prashant Bhushan’s tweet turns out to be prophetic, then Justice Mishra will figure right alongside these chief justices as their main collaborator. The Supreme Court has come in for greater scrutiny and criticism in recent years than it possibly has at any other time in its 70 years of existence. These criticisms span a range from concerns about the functioning of the institution as a whole to outcomes in specific cases and the unwillingness to decide uncomfortable cases.
Over the last six years, Justice Mishra has been at the centre of many of these criticisms and controversies. We look back on the tenure of Justice Mishra on the Supreme Court, examine the cases in which he was involved and highlight the systemic concerns about the Court’s functioning, reflected in the controversies surrounding him....
Umberto Eco on Eternal Fascism, or Fourteen Ways of Looking at a Blackshirt (1995)