Review: Of Crony Capitalism and Institutional Failure

The year 2018 was, among other things, known for tumultuous events in the Supreme Court, with the unprecedented press conference held by four senior judges on January 12 providing the backdrop to the crisis brewing within it. The four judges were reluctant to share the full details of their differences with then Chief Justice of India (CJI) Dipak Misra, keeping the institutional interests in mind. They seemed unhappy not just with the CJI, but some of his predecessors too over their style of functioning, ignoring established conventions and thus compromising institutional reputation for independence and fairness. While many observers complimented the judges for biting the bullet and sought full transparency in the functioning of the apex court, they were disappointed that there was no sufficient light on whether these issues were subsequently resolved or allowed to linger. It appears as though institutional interests would demand that the judges remain discreet about their differences at least till such time as key stakeholders are able to speak about the issues dispassionately, unencumbered by the compulsions of their offices.