Measure for measure: On India’s courts and criticism
The article discusses the challenges faced by India's judiciary in balancing contempt of court with constitutionally protected criticism. Recent remarks by Chief Justice Surya Kant have raised concerns about the judiciary's increasing intolerance towards external scrutiny. The piece highlights the implications of these comments on public trust and the judiciary's role in a democratic society.
- ▪The judiciary struggles to differentiate between fair criticism and contemptuous attacks.
- ▪CJI Surya Kant's recent comments have been criticized for being unbecoming of his position.
- ▪Former CJI D.Y. Chandrachud emphasized that judges should not react defensively to criticism.
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| Original publisher | The Hindu — Top |
| Canonical URL | https://www.thehindu.com/opinion/editorial/measure-for-measure-on-indias-courts-and-criticism/article71002527.ece |
| Publication time | Thu, 21 May 2026 00:20:10 +0530 |
| Retrieval time | 2026-05-20T18:55:02.943Z |
| Last seen | 2026-05-20T18:55:02.943Z |
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Opening excerpt (first ~120 words) tap to expand
While it is the courts’ prerogative to punish contempt, how well they have separated contemptuous attacks from constitutionally protected criticism, especially by journalists, lawyers, activists, and scholars, has varied widely. This is because the judiciary has not been able to draw consistent lines between fair and exaggerated criticism, politically motivated and defamatory comments, and speech that obstructs justice. The judiciary faces misinformation, political pressure, abusive online discourse, and declining public trust, and the ways in which judges can respond to these attacks are limited. Rhetorical excess in oral observations must also not be confused with legal doctrine.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at The Hindu — Top.
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