LawChakra

JUSTICE BV NAGARATHNA

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BV NAGARATHNA

JUSTICE BV NAGARATHNA

Date of Birth : 30-10-1962

Assumed Office : 31-08-2021 

Retires on: 29-10-2027

No. of Judgements authored : 68

JUDGEMENTS:

State’s power to regulate industrial alcohol

Nature of Private Property

Nature of royalty paid by mine leaseholders

Early Release of Bilkis Bano Gangrape Convicts

Validity of Circumstantial Evidence in Bribery Cases

Summoning New Accused After the Judgment is Delivered

Challenge to Union’s 2016 Demonetisation Scheme

Tamil Nadu’s Vanniyar Reservation

Azam Khan – Freedom of Speech and Expression

Justice Bangalore Venkataramiah Nagarathna , currently serving in the Supreme Court of India, is the daughter of the late Chief Justice of India, Justice E. S. Venkataramiah, who served as the 19th Chief Justice of India. Justice Nagarathna earned her Bachelor of Arts degree in History from Jesus and Mary College, Delhi University, in 1984. She later pursued a law degree at the Campus Law Centre, Delhi University, graduating in 1987. After completion of her graduation in law , Justice Nagarathna enrolled in the Karnataka Bar Council on October 28, 1987. She practiced in Bangalore with expertise in:

Justice Nagarathna was appointed as an Additional Judge of the Karnataka High Court on February 18, 2008 after practicing law for nearly 20 years and thereafter elevated as a Permanent Judge on February 17, 2010. She was then Appointed to the Supreme Court of India on August 26, 2021 and took the oath of office on August 31, 2021. Her elevation was a part of the largest cohort of the women judges appointed to the Supreme Court by the then Chief Justice NV Ramanna.

Justice Nagarathna’s appointment to the Supreme Court has not only marked a significant step toward inclusivity in the judiciary but her potential to become the first female Chief Justice of India has been widely celebrated, symbolizing hope for greater representation of women in the judiciary. Justice Nagarathna is expected to become India’s 54th Chief Justice and will hold the post for 36 days.

Recently Justice Nagarathna , authored the judgement of Bilkis Yakub Rasool v Union of India (2024),wherein it was reiterated that the ‘appropriate government’ in the case of remission means the government which granted the conviction and not the state government. Justice Nagarathna and Ujjal Bhuyan struck down the remission granted to 11 convicts in the Bilkis Bano case for being illegal.

In the case of Vivek Narayan Sharma v. Union of India (2023),  being the lone dissenter on bench Justice Nagarathna expressed her views stating that, although the scheme had a ‘noble’, it lacked procedural safeguards and  suffered from legal irregularities”.

In a five-judge Constitution Bench ruling, of Kaushal Kishore v. State of Uttar Pradesh (2023) she authored a concurring opinion affirming that the grounds for restricting free speech under Article 19(2) are exhaustive and limited. The Bench also clarified that governments are not accountable for statements made by their ministers. The case arose from remarks by Samajwadi Party leader Azam Khan regarding the Bulandshahr rape.

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