Part VIII · The State
Chapter 35
The Judiciary
35.1Scope
The final veto.1
The arena is measured by high-significance rulings on contested issues (significance-weighted), the 2024-26 trend, and judges’ post-retirement posts.
Principal evidence: Supreme Court and High Court rulings on contested issues (220 coded, decided 2004-26, most since 2019): the Hindutva position prevailed in 38 of the 85 high-significance rulings that had a clear winner (47 went the other way; 18 more were mixed or consensus). Across all 171 rulings with a clear winner: 88 vs 83 (Atlas M8).
35.2Significance
Outlasts governments; not won at elections.
35.3Indicators and weights
Table 35.1 lists the 3 indicators of the arena, the weight of each within the arena, and each indicator’s reading (the Hindutva-aligned share, from 0 to 100).
Table 35.1. Indicators of arena 7.7
| Indicator | Weight | Reading |
|---|---|---|
| High-significance rulings, all years (significance-weighted)2 | 0.60 | 46.2 |
| Recent window 2024-263 | 0.30 | 34.6 |
| Judges’ post-retirement posts (NDA vs others)4 | 0.10 | 53.7 |
| Arena reading | 1.00 | 43.5 |
35.4Reading
The arena reads 43.5, 6.5 points below parity, and is classified as opposed majority (a reading below 45). With a weight of 3 of a total 107.7, it contributes 1.21 points to the composite reading of 45.7.
The indicators diverge: the highest reading is for judges’ post-retirement posts (NDA vs others) (53.7), the lowest for recent window 2024-26 (34.6).
050100
High-significance rulings, all years (significance-weighted)46.2
Recent window 2024-2634.6
Judges’ post-retirement posts (NDA vs others)53.7
Arena reading43.5
Hindutva-alignedOpposed
Each bar divides the indicator between Hindutva-aligned (left) and opposed (right) holdings. The vertical rule marks parity.
35.5Measures and exhibits
The exhibits below are the Atlas’s own views of the data behind each measure: shares by side, the largest units, breakdowns by source, recipient and country, money-flow diagrams and time series. Full row-level ledgers are in the data file (Appendix D).
Measure 1. High-significance rulings, all years (significance-weighted)
Reading 46.2%
significance >= 4, weighted: H 169 vs R 197 (courts_units.csv); Chinthada Anand (2026) coded Hindutva-favourable (owner, round 2 D11)
Hindutva positionOpposed positionMixedConsensus
Data table
| Hindutva position | Opposed position | Mixed | Consensus | Total | |
|---|---|---|---|---|---|
| UAPA bail | 7 | 8 | 2 | 0 | 17 |
| 2002 Gujarat / riot & encounter cases | 4 | 5 | 0 | 0 | 9 |
| Enforcement vs politicians (PMLA/CBI) | 2 | 4 | 1 | 1 | 8 |
| Federalism / governors / LGs | 1 | 8 | 0 | 0 | 9 |
| Floor tests / anti-defection | 3 | 2 | 1 | 0 | 6 |
| CAA / citizenship | 3 | 0 | 0 | 1 | 4 |
| Electoral administration | 2 | 1 | 2 | 0 | 5 |
| Other institutional / economic (NJAC, 2G, coal, | 4 | 0 | 0 | 1 | 5 |
| Conversion / interfaith | 1 | 2 | 0 | 0 | 3 |
| Demolitions | 0 | 4 | 0 | 0 | 4 |
| Reservations / EWS | 1 | 0 | 0 | 3 | 4 |
| Section 377 / marriage equality | 2 | 2 | 0 | 0 | 4 |
| Ayodhya | 3 | 0 | 0 | 0 | 3 |
| Farm laws / protest | 1 | 2 | 0 | 0 | 3 |
| Case | Year | Issue | Prevailed |
|---|---|---|---|
| Association for Democratic Reforms v Election Commission of India (Bih | 2026 | Electoral administration | Hindutva-aligned |
| Gulfisha Fatima / Umar Khalid & ors v State (NCT of Delhi) | 2026 | UAPA bail | Mixed |
| In Re: Waqf (Amendment) Act 2025 (interim judgment) | 2025 | Waqf | Mixed |
| In Re: Assent, Withholding or Reservation of Bills by the Governor and | 2025 | Federalism / governors / LGs | Hindutva-aligned |
| State of Tamil Nadu v Governor of Tamil Nadu | 2025 | Federalism / governors / LGs | Opposed |
| Association for Democratic Reforms v Union of India (Electoral Bonds) | 2024 | Electoral bonds | Opposed |
| In Re: Places of Worship (Special Provisions) Act 1991 (Ashwini Kumar | 2024 | Places of Worship Act / site dispu | Opposed |
| In Re: Directions in the matter of demolition of structures | 2024 | Demolitions | Opposed |
| Bilkis Yakub Rasool v Union of India | 2024 | 2002 Gujarat / riot & encounter ca | Opposed |
| In Re: Article 370 of the Constitution | 2023 | Art. 370 / J&K | Hindutva-aligned |
| Subhash Desai v Principal Secretary, Governor of Maharashtra | 2023 | Floor tests / anti-defection | Mixed |
| Supriyo @ Supriya Chakraborty v Union of India (marriage equality) | 2023 | Section 377 / marriage equality | Hindutva-aligned |
| Vijay Madanlal Choudhary v Union of India | 2022 | Enforcement vs politicians (PMLA/C | Hindutva-aligned |
| Zakia Ahsan Jafri v State of Gujarat | 2022 | 2002 Gujarat / riot & encounter ca | Hindutva-aligned |
| S.G. Vombatkere v Union of India (sedition kept in abeyance) | 2022 | Sedition / BNS 152 | Opposed |
| Union of India v K.A. Najeeb | 2021 | UAPA bail | Opposed |
| National Investigation Agency v Zahoor Ahmad Shah Watali | 2019 | UAPA bail | Hindutva-aligned |
| M. Siddiq (D) thr LRs v Mahant Suresh Das & ors (Ayodhya title) | 2019 | Ayodhya | Hindutva-aligned |
| Indian Young Lawyers Association v State of Kerala (Sabarimala) | 2018 | Sabarimala | Opposed |
| Navtej Singh Johar v Union of India | 2018 | Section 377 / marriage equality | Opposed |
| Justice K.S. Puttaswamy (Retd) v Union of India (Aadhaar) | 2018 | Pegasus / surveillance | Mixed |
| Shayara Bano v Union of India | 2017 | Triple talaq | Mixed |
| Supreme Court Advocates-on-Record Association v Union of India (NJAC c | 2015 | Other institutional / economic (NJ | Consensus |
| Centre for Public Interest Litigation v Union of India (2G licences) | 2012 | Other institutional / economic (NJ | Hindutva-aligned |
| Indian Union Muslim League v Union of India (constitutionality of CAA | CAA / citizenship | ||
| Ashwini Kumar Upadhyay v Union of India (constitutionality of Places o | Places of Worship Act / site dispu | ||
| Kantaru Rajeevaru v IYLA (9-judge reference, 2026 hearing) | Sabarimala |
Hindutva-alignedOpposedNeutral / not counted
Data table
| rulings weighted by significance (1-5) | Side | |
|---|---|---|
| In Re: Article 370 of the Constitution | 5 | Hindutva-aligned |
| Association for Democratic Reforms v Union of India (Electoral Bonds) | 5 | Opposed |
| M. Siddiq (D) thr LRs v Mahant Suresh Das & ors (Ayodhya title) | 5 | Hindutva-aligned |
| In Re: Places of Worship (Special Provisions) Act 1991 (Ashwini Kumar Upadhyay v UoI) - interim order | 5 | Opposed |
| In Re: Waqf (Amendment) Act 2025 (interim judgment) | 5 | Neutral / not counted |
| S.G. Vombatkere v Union of India (sedition kept in abeyance) | 5 | Opposed |
| National Investigation Agency v Zahoor Ahmad Shah Watali | 5 | Hindutva-aligned |
| Union of India v K.A. Najeeb | 5 | Opposed |
| Gulfisha Fatima / Umar Khalid & ors v State (NCT of Delhi) | 5 | Neutral / not counted |
| In Re: Directions in the matter of demolition of structures | 5 | Opposed |
| Indian Young Lawyers Association v State of Kerala (Sabarimala) | 5 | Opposed |
| Shayara Bano v Union of India | 5 | Neutral / not counted |
| Navtej Singh Johar v Union of India | 5 | Opposed |
| Supriyo @ Supriya Chakraborty v Union of India (marriage equality) | 5 | Hindutva-aligned |
| Supreme Court Advocates-on-Record Association v Union of India (NJAC case) | 5 | Neutral / not counted |
Measure 2. Recent window 2024-26
Reading 34.6%
H 9 vs R 17
Hindutva positionOpposed positionMixedConsensus
Data table
| Hindutva position | Opposed position | Mixed | Consensus | Total | |
|---|---|---|---|---|---|
| 2004 | 0 | 1 | 0 | 0 | 1 |
| 2007 | 1 | 0 | 0 | 0 | 1 |
| 2009 | 0 | 1 | 0 | 0 | 1 |
| 2010 | 2 | 1 | 0 | 0 | 3 |
| 2011 | 0 | 2 | 1 | 0 | 3 |
| 2012 | 3 | 1 | 1 | 0 | 5 |
| 2013 | 1 | 0 | 0 | 1 | 2 |
| 2014 | 3 | 0 | 0 | 0 | 3 |
| 2015 | 0 | 0 | 1 | 1 | 2 |
| 2016 | 0 | 4 | 0 | 0 | 4 |
| 2017 | 4 | 1 | 1 | 1 | 7 |
| 2018 | 4 | 5 | 1 | 0 | 10 |
| 2019 | 8 | 2 | 6 | 0 | 16 |
| 2020 | 9 | 4 | 1 | 0 | 14 |
| 2021 | 6 | 9 | 3 | 2 | 20 |
| 2022 | 12 | 8 | 2 | 0 | 22 |
| 2023 | 9 | 11 | 2 | 0 | 22 |
| 2024 | 15 | 25 | 2 | 4 | 46 |
| 2025 | 8 | 5 | 2 | 1 | 16 |
| 2026 | 2 | 3 | 4 | 1 | 10 |
Measure 3. Judges’ post-retirement posts (NDA vs others)
Reading 53.7%
courts_judges.csv: 36 vs 31 (one post per judge per tenure)
| unit | category | subcategory | measure | measure_unit | side | side_basis | year | state |
|---|---|---|---|---|---|---|---|---|
| Surya Kant (CJI since 24 Nov 2025) | sitting_sc_judge | NDA-1 (Modi I, 2014-19) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2019 | Punjab and Haryana High Court |
| Vikram Nath | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2021 | Allahabad High Court |
| B. V. Nagarathna | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2021 | Karnataka High Court |
| M. M. Sundresh | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2021 | Madras High Court |
| P. S. Narasimha | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2021 | Bar Council of India |
| J. B. Pardiwala | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2022 | Gujarat High Court |
| Dipankar Datta | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2022 | Calcutta High Court |
| P. V. Sanjay Kumar | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Telangana High Court |
| Ahsanuddin Amanullah | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Patna High Court |
| Manoj Misra | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Allahabad High Court |
| Aravind Kumar | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Karnataka High Court |
| Prashant Kumar Mishra | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Chhattisgarh High Court |
| K. V. Viswanathan | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Bar Council of India |
| Ujjal Bhuyan | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Gauhati High Court |
| Sarasa Venkatanarayana Bhatti | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Andhra Pradesh High Court |
| Satish Chandra Sharma | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Madhya Pradesh High Court |
| Augustine George Masih | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Punjab and Haryana High Court |
| Sandeep Mehta | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2023 | Rajasthan High Court |
| Prasanna B. Varale | sitting_sc_judge | NDA-2 (Modi II, 2019-24) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2024 | Bombay High Court |
| N. Kotiswar Singh | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2024 | Manipur High Court |
| R. Mahadevan | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2024 | Madras High Court |
| Manmohan | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2024 | Delhi High Court |
| K. Vinod Chandran | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Kerala High Court |
| Joymalya Bagchi | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Calcutta High Court |
| Nilay Anjaria | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Gujarat High Court |
| Vijay Bishnoi | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Rajasthan High Court |
| A. S. Chandurkar | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Bombay High Court |
| Alok Aradhe | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Madhya Pradesh High Court |
| Vipul Pancholi | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2025 | Gujarat High Court |
| Sheel Nagu | sitting_sc_judge | NDA-3 (Modi III, 2024-) | 1 | judge | N | Judges are N unless a documented marker exists; appointing government recorded but not used as a side marker (collegium | 2026 | Madhya Pradesh High Court |
| First 30 of 190 rows; all rows are in the data file (Appendix D). | ||||||||
35.6Evidence base
The arena rests on 229 coded units. Of the units and flows, 89 are coded Hindutva-aligned, 83 opposed and 57 neutral, mixed or transactional. By source grade: 150 grade A, 49 grade B, 30 grade C.
The full set of rows for this arena, each with its source, is in the Atlas data file (Appendix D).