I have been thinking about split verdicts this week, and about what they ask of the institution that produces them.<\/p>\n
When two judges on a bench hear the same arguments and reach opposite conclusions, the system has a procedure for it. The papers go to the Chief Justice. A larger bench is constituted. The question is decided with more judges, more deliberation, and eventually a majority that can give a binding answer.<\/p>\n
The procedure is fine. The more interesting question is what a split tells you before the larger bench assembles.<\/p>\n
In the Election Commission case decided on 23 September, Justice Dipankar Datta and Justice Satish Chandra Sharma divided not on a technicality but on whether a major constitutional question had already been answered. Justice Datta thought the principles were settled, and he put on record some hard questions about whether the trust the government asked the Court to place in the Prime Minister's office had been honoured in practice, while leaving the final answer for the merits. Justice Sharma thought the question was open enough to need five judges rather than two. Both were reading the same Constitution with the same training and arriving somewhere different.<\/p>\n
That is the honest version of what judicial independence looks like from the inside. It is not always a chorus. Sometimes it is exactly this: two serious lawyers reaching genuinely different conclusions about where the law sits. In Justice Datta's own words, "speaking in one voice would have served the voice of institutional cohesion. Unfortunately, we are divided in our opinion." He named the cost of disagreeing and disagreed anyway.<\/p>\n
I find that more reassuring than a unanimous verdict would have been, on a question this consequential. A law that removes the Chief Justice of India from the panel that picks the people who run our elections deserves a court that examines it hard, not one that waves it through. Whether the final answer favours the government or the petitioners matters less, to me, than whether the examination was real. The split tells me it was.<\/p>\n
The Constitution Bench will come. When it does, it will begin with two serious judicial minds already in disagreement on the record. That is a better starting point than a consensus reached too early.<\/p>\n","protected":false},"excerpt":{"rendered":"
I have been thinking about split verdicts this week, and about what they ask of the institution that produces them. When two judges on a bench hear the same arguments and reach opposite conclusions, the system has a procedure for it. The papers go to the Chief Justice. A larger bench is constituted. The question…<\/p>\n","protected":false},"author":1,"featured_media":1107,"comment_status":"","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[33,77],"tags":[45],"thb-sponsors":[],"class_list":["post-1106","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-33","category-october-2026","tag-off-the-record"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t