Justice Denied: Global Experts Warn of Threats to Judicial Independence in U.S. and India
Leading legal figures from India and the United States convened at the New York City Bar Association on October 21 to address what they described as a deepening crisis of judicial independence in both nations, calling for greater accountability and cross-border solidarity among legal professionals.
The discussion, titled “Judicial Independence at Risk: Reflections from the U.S. and India,” featured Justice S. Muralidhar, Margaret Satterthwaite, UN Special Rapporteur on the Independence of Judges and Lawyers, retired U.S. District Judge Shira A. Scheindlin, and Samah Sisay, Staff Attorney at the Center for Constitutional Rights. Human rights lawyer Gunjan Singh moderated the panel.
Justice Muralidhar outlined multiple factors undermining judicial independence in India, including executive interference, weak institutional accountability, silence from the legal bar, and inadequate infrastructure. He cited the case of former Chief Justice Ranjan Gogoi, who presided over allegations of sexual harassment against himself while the Bar Council of India remained silent and later praised his nomination to the Rajya Sabha.
“Independence of Bar will come from lawyers believing in constitutional values and human rights,” Justice Muralidhar said, according to the press release by the organizers. He also noted India’s declining position in the World Justice Project’s Rule of Law Index, where it ranks 83rd out of 143 countries.
Satterthwaite, who sent a formal communication to the Indian government earlier this year regarding judicial independence concerns, drew parallels with challenges in other countries. She cited Poland, where thousands of judges and lawyers marched in their robes to protest judicial reforms.
“I think it is really important that we listen to people in various countries that may have similar dynamics but different contexts,” Satterthwaite said, according to the organizers. She warned against executive attempts to divide bar associations and called for global solidarity among lawyers’ groups.
Judge Scheindlin addressed growing concerns in the United States, including political attacks on judges and controversial appointments. “What we are seeing for the first time is that sitting judges anonymously have begun to speak up,” she said, according to a press release. She emphasized that bar associations must “speak out in defense of judges when they are attacked for their opinions.”
Sisay discussed increasing attacks on lawyers handling civil and political rights cases, describing security threats and political retaliation. She recounted reaching out to an Indian lawyer for an affidavit in a case involving Indian national Badar Suri, only to be told “they can’t do that” due to fear of repercussions. She also highlighted growing attacks on funding for legal organizations engaged in human rights work.
The event concluded with calls for transnational collaboration among legal professionals, bar associations, and academic institutions to protect judicial independence amid rising political polarization and executive overreach.
The discussion was organized by the International Human Rights Committee of the New York City Bar Association.