Abstract

This article examines parallel threats to judicial independence in the United States and India through a comparative institutional analysis framework. Where previous scholarship has focused predominantly on constitutional structures, this research interrogates subtler mechanisms of influence that compromise judicial autonomy. In the American context, we analyze the Trump administration’s unprecedented rhetorical and procedural challenges to judicial authority (2017-2025), revealing how executive antagonism tested institutional resilience. Concurrently, in India, we investigate the phenomenon of post-retirement governmental appointments as potential instruments of judicial capture, examining empirical correlations between pro-government rulings and subsequent sinecures. Despite divergent constitutional traditions and political cultures, both democracies demonstrate alarming vulnerability to executive encroachment—through confrontational delegitimization in the US and accommodationist incentivization in India. This analysis contributes to contemporary discourse on democratic backsliding by identifying these parallel threats as symptomatic of broader institutional erosion. We conclude by proposing targeted reforms: legislative clarifications regarding executive constraints and appointment process depoliticization in the US context; mandatory “cooling-off” periods and transparent appointment protocols in India. These findings underscore the precarious position of judicial independence in established democracies and highlight the necessity of renewed vigilance against both overt and subtle forms of influence.

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