All posts tagged: BV Nagarathna

SC judge Nagarathna in lecture| India News

SC judge Nagarathna in lecture| India News

The Election Commission of India must function independently and not be influenced by political processes, Supreme Court Justice B V Nagarathna on Saturday said even. She mentioned the importance of autonomy of other central agencies, too, apart from the poll body. Justice B V Nagarathna during an award ceremony in New Delhi. (PTI Photo/Atul Yadav) (PTI) “It is of utmost importance that these institutions function independently and not to be influenced by political processes,” said Nagarathna, who is in line to be the Chief Justice in September 2027 as per seniority. The Supreme Court judge made the remarks while speaking at Patna’s Chanakya National Law University on the theme “Constitutionalism beyond Rights: Why Structure Matters”. Also Read: SC restores bank manager’s dismissal, says higher post means higher accountability On how constitutional breakdown can occur She further said that constitutional breakdown can occur through gradual hollowing-out of the structure, even while rights may exist formally untouched. “The dismantling of structure occurs when institutions stop checking each other. In that moment, elections may continue, courts may function, …

Environmental law is ‘hot law’, says SC judge BV Nagarathna| India News

Environmental law is ‘hot law’, says SC judge BV Nagarathna| India News

Supreme Court judge justice BV Nagarathna on Saturday described environmental law as “hot law”, explaining that it operates in real time, grappling with uncertainty, evolving science, and the risk of irreversible harm, unlike traditional legal fields that adjudicate past conduct. Environmental law is “hot law” dealing with risk and uncertainty, says Justice Nagarathna, urging courts to adopt precautionary, flexible approaches Delivering the Justice SB Sinha Memorial Lecture at the National University of Study and Research in Law (NUSRL), Ranchi, justice Nagarathna said environmental law is “concerned not only with regulating past conduct, but with governing risk, preventing harm, and managing uncertainty”. Drawing on the work of legal scholar Elizabeth Fisher, the judge explained that environmental law is “hot” because it is forward-looking and precautionary, rather than merely corrective. Courts, she said, are often required to act before scientific certainty emerges, making decisions in a dynamic space shaped by competing considerations of science, economics, technology, ethics, and politics. “Scientific knowledge in this field is provisional and evolving; what is considered safe at one point may later …

Drug abuse is not ‘cool’: Supreme Court warns India’s youth | Latest News India

Drug abuse is not ‘cool’: Supreme Court warns India’s youth | Latest News India

The Supreme Court on Monday expressed deep dismay over the alarming rise of drug abuse among India’s youth, remarking that substance abuse has regrettably become a symbol of being “cool”. The full text of the verdict is expected to be out later on Monday. (Representative file photo) A bench of justices BV Nagarathna and N Kotiswar Singh made these observations while affirming a National Investigation Agency (NIA) probe against Ankush Vipan Kapoor, accused of involvement in a drug trafficking network that smuggled heroin from Pakistan into India via sea routes. Justice Nagarathna, delivering the operative part of the judgment, warned of the severe socio-economic and psychological effects of drug abuse, which she said threatens to “corrode the shine of the nation’s youth.” The full text of the verdict is expected to be out later in the day. The court called for immediate and collective action from multiple stakeholders, including parents, society and state authorities, to stem the menace and issued guidelines to the National Legal Services Authority (NALSA) to lead a coordinated response. Also Read: …

Justice Nagarathna On Demonetisation Judgment

Justice Nagarathna spoke on her dissent on the demonetisation case. New Delhi: Supreme Court Judge BV Nagarathna has cautioned against instances of governors sitting indefinitely on bills passed by elected legislatures, referring to the case involving the Punjab Governor. In her keynote address at the inaugural session of the fifth edition of Courts and the Constitution Conference, held at the NALSAR University of Law here on Saturday, Justice Nagarathna spoke about the Maharashtra Legislative Assembly case as another instance of gubernatorial overreach, where the governor lacked sufficient material to declare the floor test. “This is not a healthy trend under the Constitution to bring the actions or omissions of the Governor of a state for consideration before constitutional courts,” she said. “I think I must appeal that the office of a governor, though it is called a gubernatorial post, the governor’s post is a serious constitutional post, the governors must discharge their duties under the constitution in accordance with the Constitution so that this kind of litigation before the law courts is reduced,” Justice Nagarathna …

What “weight” given to reports against genetically modified organisms: SC to Centre | Latest News India

The Supreme Court on Thursday asked the Centre about why reports of the court-appointed technical expert committee’s (TEC) on biosafety of genetically modified (GM) Crops were not looked into by the Genetic Engineering Appraisal Committee (GEAC). The court posted the matter for hearing on January 16. (Representative file image) Hearing a clutch of petitions alleging various gaps in the regulatory process followed in granting clearance to GMOs, a bench of justices BV Nagarathna and Sanjay Karol said, “This Court took the trouble of appointing an expert committee (having six members) in 2012 which gave its report in June 2013 along with a dissenting note by one member. It is since lying in the record room. What is the weight being given to this report.” Wrap up the year gone by & gear up for 2024 with HT! Click here The Court was hearing submissions made by Attorney General R Venkataramani appearing for Centre opposing the petitions filed by Gene Campaign, pending since 2004 followed by petitions filed by environment activist Aruna Rodrigues, NGO Research Foundation …