GREAT EXPECTATIONS

The new CJI has made an indelible impression as an academic scholar and was part of benches which enhanced jurisprudence. His subtle but firm leadership will be a great demosprudential asset

- Prof Upendra Baxi

INDIA had, in 75 years of Independence, 15 illustrious prime ministers. Only the 13th served for 16 days and many who did not even complete 365 days (which include the 2nd, 3rd, 4th, 7th, 10th, 11th, 12th, 14th, and 16th). Only three prime ministers (the 1st, 17th, and 18th) served two terms. Only one prime minister (No 6) served for two years and 126 days, exceeding the tenure of Dr DY Chandrachud, who will be the 50th chief justice on November 9, 2022.

What, if anything, do these statistics show? For one thing, the lack of gender parity: India had only one woman prime minister, whereas for the first time, the elevation of a woman chief justice of India (CJI) will occur in 2027 for a brief period. Thus far, the Supreme Court of India had only eight women justices; three are presently on the High Bench. One of the main expectations is that the new CJI will be able to persuade, as a matter of high priority, the judicial collegia and the Union of India (UOI) in ensuring gender parity in the Supreme Court and High Courts.

The second thing that emerges from this data is the difference between leaders of executive and legislative power and the wielders of constitutional judicial power. Whereas Justices must superannuate upon reaching a particular age, there are no such limits on being a prime minister. This question is not even raised in party or public discourse, probably because it affects the dignity of political democracy.