All posts tagged: Nagarathna

Justice BV Nagarathna| India News

Justice BV Nagarathna| India News

Published by Parlour News

Supreme Court judge Justice BV Nagarathna on Saturday stressed the need for dedicated forum to examine complaints of misconduct, and said that courts are often reluctant to remove arbitrators, since they are former judges, chief justices, or people in higher positions. The judge raised concerns over the delay in notifying key provisions of the Mediation Act, 2023. (HT sourced photo) Speaking at the 5th edition of the Indian Council of Arbitration’s International Conference on “Arbitration in the Era of Globalisation”, during the technical session titled “Navigating the ADR Quagmire: Harmonising Arbitration and Mediation”, the judge emphasised that arbitrators and mediators must remain conscious that, as alternatives to the court system, they are required to maintain high standards of integrity and fairness throughout the process. “We have many advantages of it, but one of the disadvantages is this conduct of the arbitrators or mediators, and sometimes to the extent of saying that there is a lack of trust, a bias, or a misconduct. And it’s very difficult to change the arbitrator on that score. Therefore, by …

SC Justice Nagarathna| India News

SC Justice Nagarathna| India News

Published by Parlour News

Supreme Court judge Justice BV Nagarathna on Saturday said that the central government must view states as “coordinates and not subordinates”, asserting that India’s constitutional framework establishes a system of “co-equals” rather than a hierarchy. Justice BV Nagarathna is widely expected to become India’s first woman Chief Justice next year. (PTI) Speaking at the Rajendra Prasad Memorial Lecture at Chanakya Law University in Patna, she stated that the vertical division of powers between the Centre and states “is not a hierarchy or of priority,” but a carefully designed constitutional balance. ALSO READ | Rule of law is the essence of democracy: Justice Nagarathna Addressing the theme ‘Constitutionalism beyond rights: why structure matters’, Justice Nagarathna said that federalism goes beyond mere autonomy. “It ensures that governance is not a matter of unilateral command, but of negotiation and coordination,” she said, adding that distinct centres of power must act as counterweights to one another, as reported by news agency PTI. Calling for stronger Centre-state cooperation, she said, “The state governments are not subordinate to the Union government …

SC judge Nagarathna in lecture| India News

SC judge Nagarathna in lecture| India News

Published by Parlour 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

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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 …

Judgments shouldn’t be revisited solely because judges have changed: Justice Nagarathna

Judgments shouldn’t be revisited solely because judges have changed: Justice Nagarathna

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Published on: Nov 30, 2025 12:42 am IST Judgments shouldn’t be revisited solely because judges have changed: Justice Nagarathna New Delhi, In a veiled reference to the practice of judgments being overturned by succeeding benches, Supreme Court judge B V Nagarathna said on Saturday that the apex court’s verdicts should not be “tossed out” merely because the judges who authored those have changed. Judgments shouldn’t be revisited solely because judges have changed: Justice Nagarathna Speaking at the International Convention on the Independence of the Judiciary at the OP Jindal Global University in Haryana’s Sonipat, Justice Nagarathna said an evolved understanding of judicial independence warrants the “assurance by our system of laws” that a judgment once rendered by a judge will hold its anchor in time for it is written in “ink and not in sand”. “It is a duty of the many participants of the legal fraternity and governance framework to respect a judgment for what it is, raise objections only in accordance with traditions embedded in law and not attempt to toss it out …

Women’s Day 2025: Fathima Beevi to BV Nagarathna, list of female judges of Supreme Court of India

Women’s Day 2025: Fathima Beevi to BV Nagarathna, list of female judges of Supreme Court of India

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Women’s Day 2025: The Supreme Court of India has seen 11 female judges in its history of over 75 years. These judges have played a decisive role in some of the most crucial and landmark cases. Women’s Day 2025: The contribution of women in every space is rising in India. Since independence, women have played an active role, be it in politics or cinema. Among various sectors is the judiciary, where the number of women judges may have been less in comparison to men, but their sense of wisdom and justice served as an inspiration for half of the population.  The Supreme Court of India has seen 11 female judges in its history of over 75 years. The average term of a female judge in the Supreme Court is 3.87 years. The 11 women judges of the apex court have collectively authored 1022 judgements. As Women’s Day 2025 nears, here is the detail about all these 11 judges. Justice Fathima Beevi: Justice Fathima, a Judge of the Kerala High Court, was the first woman to be …

Justice Nagarathna On Demonetisation Judgment

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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 …

‘Demonetisation good way of converting black money, I thought’: Justice BV Nagarathna | Latest News India

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Justice BV Nagarathna who gave a dissenting opinion in the Supreme Court’s verdict on demonetisation on Saturday said she had done that because the common man’s predicament due to demonetisation stirred her. Delivering an address at NALSAR University, Justice Nagarathna said if 98% of the currency found its way to the Reserve Bank of India, then the effectiveness of it in flushing out unaccounted wealth became questionable, LiveLaw reported. Justice BV Nagarathna was the only dissenting judge in the Supreme Court’s demonetisation verdict. “98% of the currency came back to the RBI. So where were we heading towards black money eradication? I thought it was a good way of converting black money into white money. What happened about income tax proceedings thereafter, we don’t know. So, therefore, the common man’s predicament really stirred me and hence I had to dissent,” she said. Hindustan Times – your fastest source for breaking news! Read now. In 2023, the Constitution Bench of the Supreme Court led by Justice Abdul Nazeer upheld the validity of the demonetisation scheme by …

Rule of law does not mean protection to a fortunate few: Justice Nagarathna

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A view of the Supreme Court of India, in New Delhi on January 8, 2024. | Photo Credit: ANI The Supreme Court in the Bilkis Bano judgment on January 8 held that personal liberty gained through the breach of law cannot be protected. A Bench headed by Justice B.V. Nagarathna said that the rule of law was quintessential for personal liberty or any other fundamental right to exist and flourish. In a message to the judiciary, Justice Nagarathna, who is in line to be the first woman Chief Justice of India according to the seniority norm, emphasised that “those concerned with the rule of law must remain unmindful and unruffled by the ripples caused by it”. “Rule of law does not mean protection to a fortunate few. The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if it suits their ends,” the judge observed. The Bench was dealing with a plea by the convicts to …

Justice Nagarathna calls for a more inclusive, diverse Indian judiciary | Latest News India

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The participation of women in the judiciary is not only a constitutional imperative but also a necessary step to achieve the goal of robust, transparent, inclusive, effective and credible judicial process, Supreme Court judge BV Nagarathna said on Friday, emphasising that having more women on the bench can contribute to a more effective space for the delivery of justice in India. Justice Nagarathna calls for a more inclusive, diverse Indian judiciary Delivering the 28th Justice Sunanda Bhandare Memorial Lecture in the national capital, justice Nagarathna maintained that “there is an urgent need for all organs of the state, institutions engaged in the regulation and growth of the legal profession and institutions engaged in legal education to work within their mandate to make the Indian judiciary more inclusive and diverse.” Wrap up the year gone by & gear up for 2024 with HT! Click here According to the judge who is poised to take over as the first woman Chief Justice of India (CJI) in 2027, having more woman as judges would contribute significantly to improving …