“To begin at the beginning, the founders of the Constitution decided to go ahead with the system that the British followed. The system was working perfectly until the Kesavananda Bharati judgment. That was the first blow that struck the independence of the judiciary in India,” Justice Nariman said.
The former Supreme Court judge went on to say that the judiciary’s independence was struck twice subsequently, once when the then Prime Minister Indira declared the national emergency, and finally, more recently, in October 2023, when the Union “government notified the transfer of 16 judges, who were courageous like Justice Kureshi.”
“Again, by a majority, the Supreme Court held that everything was in the government’s hands,” Justice Nariman said.
Source: Barandbench
