The Supreme Court’s split decision
in this case raises some interesting issues. In this article
, I touch upon two such issues within the limitations of space. One is why the CJI has never been in a minority. I would agree that the CJI being in a majority in most cases cannot be just a coincidence. But I am equally intrigued what could convincingly explain this phenomenon. The second issue is what I think many have missed in this debate – except those campaigning against death penalty. When the Supreme Court admitted Sangma’s petition against Mukherjee, should it not have restrained Mukherjee from taking irreversible decisions till it disposed the petition?