Prime riflessioni sul ruolo dei Presidenti delle Corti costituzionali/supreme nel rapporto tra giurisdizioni costituzionali e poteri politici: il caso del Chief Justice of India

Constitutional jurisdictions, political powers and the role of constitutional/supreme courts’ presidents: the Chief Justice of India as a case-study

Abstract

Constitutional jurisdictions, political powers and the role of constitutional/supreme courts’ presidents: the Chief Justice of India as a case-study – The analysis of the organization, composition and structure of Constitutional/Supreme Courts reveals particularly valuable for understanding the relationship between constitutional jurisdictions and political powers in democratic societies. In this context, the paper aims at examining the specific role played by the President of Constitutional/Supreme Courts, focusing on the Chief Justice of India. Special attention is given to the vivid political, academic and judicial debate concerning the “apex” of the Indian Supreme Court. The paper concludes with some final considerations on the broader impact of Constitutional/Supreme Courts Presidents on both the functioning and power of the constitutional jurisdiction as well as on the guarantee of judicial independence.

Keywords: Chief justice of India; Constitutional jurisdictions; Independence of the judiciary; Institutional capture; Master of roster; Supreme judges appointment.