An Examination of the Executive Tools used to influence judicial appointments to the Supreme Court of India and the High Courts in the context of the Indian Emergency (1975-77)
This thesis is an examination of the executive tools used to influence judicial appointments in the context of the Indian Emergency. The executive used tools such as the Supersession, punitive transfers and the non-confirmation of additional judges to influence judicial appointments during this period. This strategy was politically motivated in line with the executive establishing its control over the judiciary and thereby creating a ‘committed judiciary’ that would be sympathetic to executive policy. This process influenced judicial judgments in which executive interests were at stake in their favor, thereby enabling them to perpetuate the executive to exert control over the government.