Verdict must not be tossed out with change of judge Justice Nagarathna

Verdicts should not be “tossed out” merely because the judges who authored them have changed or demitted office, Supreme Court judge Justice BV Nagarathna said, as she flagged her concern over recent instances of judgements being overturned by succeeding benches of the apex court. 

She was speaking at the International Convention on the Independence of the Judiciary at the OP Jindal Global University in Haryana’s Sonipat on Saturday.

Justice Nagarathna said an evolved understanding of judicial independence warrants the “assurance by our system of laws” that a judgement 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 judgement for what it is, raise objections only in accordance with traditions embedded in law and not attempt to toss it out solely because the faces have changed,” she said.

Earlier, this month, the top court recalled its order passed in May that had barred retrospective environmental clearances for development projects. On November 28, a bench headed by then Chief Justice of India BR Gavai allowed a review petition of a builders' association and lifted the ban on ex post facto environmental clearances for different projects. Justice Nagarathna, the lone woman judge at present in the apex court, said the judiciary is an institution integral to the governance of the country.

“With liberalised rules of standing, wide powers and a range of remedies, the court is frequently called upon to decide a whole spectrum of questions concerning the future of Indians. “Today, the judiciary is seen as having a duty to ensure the rule of law, whenever infractions may occur,” she said. Justice Nagarathna pointed out that the independence of the judiciary is protected not only through the judgements judges write, but also through their personal conduct.

A judge’s behaviour must be perceived as beyond suspicion, she said, adding that political insularity is essential for an impartial judicial system.