Judicial Power and Democratic Backsliding: A Comparative Study of India and Usa

: In the early 21st century, the global spread of democracy has shifted toward a "democratic recession," where more nations are becoming autocratic than free. This paper examines the phenomenon of democratic backsliding, a subtle process where elected leaders use legal tools to slowly dismantle checks and balances from within. The research aims to identify the specific legal mechanisms and institutional weaknesses that allow this erosion to happen, moving beyond a theoretical discussion to analyses real-world threats to liberal governance. Using a comparative legal and statistical approach, the study investigates the "confrontational" model of executive pressure in the United States and the "accommodationist" model in India. The research further analyses electoral integrity through a detailed case study of India's 2019 general election, applying statistical tests to identify potential irregularities. The findings reveal that while the U.S. judiciary faced direct rhetorical attacks on its legitimacy, the Indian judiciary is vulnerable to a more silent form of capture through the lure of post-retirement government appointments. Additionally, the electoral analysis suggests patterns of disproportionate wins in close races and targeted voter disenfranchisement, particularly among minority groups. The paper concludes that protecting democracy requires more than just good constitutional design; it demands active reforms, such as mandatory cooling-off periods for judges and clearer limits on executive power, to patch the institutional gaps exploited by modern autocrats.