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Court Data Lacking, Chief Justice Tenure Too Short
Professor Tom Ginsburg, Leo Spitz Professor of International Law at the University of Chicago, highlighted a significant data availability issue concerning the Supreme Court of India. He contrasted this with the better information capacity in China. Ginsburg also pointed out that the short tenure of the Chief Justice of India hinders institutional reform, as no Chief Justice has sufficient time to implement substantial changes.
Collegium System: A Necessary Evil?
Ginsburg addressed the controversial Collegium system for judicial appointments in India. While acknowledging its self-appointing nature and potential downsides, he suggested it might be the best available mechanism for safeguarding judicial independence from government interference, despite its imperfections. He noted that alternative systems, like judicial appointment commissions, have proven unstable in other nations.
Judicial Retirement Age Debated
The discussion turned to the retirement age for judges. Ginsburg stated that the current age limits in India, set when life expectancy was lower, may lead to judges retiring too early. He expressed support for raising the retirement age to 70, arguing that individuals are often at their peak in their mid-60s.
Democratic Erosion: A Slow Burn
Comparing democratic trends in India and the US, Ginsburg observed that both nations are experiencing shifts driven by charismatic populist leaders. He noted that democratic decline is more often a gradual process of internal erosion rather than overt coups. Ginsburg cited Turkey and Venezuela as examples of democracies that have slowly given way to authoritarianism through incremental steps. He stressed the importance of clear norm violations to awaken public realization of the threat, but noted that subtle changes are hard for the public to recognize and counter.
Institutions as 'Speed Bumps'
Ginsburg described institutions as "speed bumps" that can slow but not halt democratic erosion. He emphasized that a network of integrity-filled institutions, including electoral bodies and courts, is crucial for resisting autocratic moves. He expressed concern over the declining quality of judicial appointments in the US, driven by a search for political loyalty, which he believes erodes the judiciary from within.