Allegations against the CJI: Misuse of power and no procedural fairness

The Supreme Court brazened it out in how it dealt with these allegations and now its reputation lies in shambles

Economy News: The events surrounding the l’affaire Chief Justice of India have been well documented – even if the final outcome is not. On the 19th of April this year, an ex-Supreme Court staff member submitted a detailed affidavit to the Judges of the Court alleging sexual harassment by the Chief Justice. The Court had multiple options before it – order an enquiry under the Prevention of Sexual Harassment at Workplaces Act, follow its own internal sexual harassment complaint procedure or follow simple common sense. Over the last 20 days, it abandoned all of these.

The process started with an ‘emergency Saturday hearing’ in a case dramatically titled: “In Re : Matter of Great Public Importance Touching upon the Independence of Judiciary – mentioned by Shri Tushar Mehta, Solicitor General of India”. It has ended in a secret report exonerating the Chief Justice of all charges…

The case of Justice Clarence Thomas

In 1991, President George H. W. Bush nominated Clarence Thomas, a federal Circuit Judge, to the United States Supreme Court. Soon thereafter, a private interview given to the FBI by Professor Anita Hill was leaked to the press. Hill was called to testify publicly. In senate hearings that were televised across the United States, Hill affirmed on oath that Thomas had sexually harassed her while he was her supervisor at the Department of Education.

Thomas’ supporters questioned her credibility, claiming she was delusional or had been spurned. During the senate hearing, Republican Senator Orrin Hatch went as far as implying that “Hill was working in tandem with ‘slick lawyers’ and interest groups bent on destroying Thomas’ chances to join the court.”

Hill agreed to take a polygraph test. The reports of the test confirmed her claims. Thomas refused a similar test. He however stated that he was being subjected to a “high-tech lynching for uppity blacks” by white liberals who were seeking to block a black conservative from taking a seat on the Supreme Court. Ultimately, the United States Senate confirmed Thomas to the Supreme Court by a vote of 52–48…