JUSTICE J.B PARDIWALA
Date of Birth : 12-08-1965
Assumed Office : 09-05-2022
Retires on: 11-08-2030
No. of Judgements authored : 82
JUDGEMENTS:
- State of Uttar Pradesh v Lalta Prasad Vaish
State’s power to regulate industrial alcohol
- Property Owners Association v State of Maharashtra
Nature of Private Property
- High Court Bar Association Allahabad v The State of Uttar Pradesh
Validity of Automatic Vacation of Stay Orders
- Mineral Area Development Authority v Steel Authority of India
Nature of royalty paid by mine leaseholders
- In Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899
Validity of Unstamped Arbitration Agreement
- Central Organisation For Railway Electrification v ECL-SPIC-SMO-MCML (JV), JSW Steel Limited v Southwestern Railway
Appointment of Arbitrators by Ineligible Persons
- Cox and Kings Ltd. v SAP India Pvt. Ltd.
Group of Companies Doctrine in Arbitration Proceedings
- Anil Dhirajlal Ambani v Union of India
Rights of Personal Guarantors in Insolvency Proceedings
- In re: Section 6A of the Citizenship Act, 1955
Validity of Section 6A of the Citizenship Act, 1955 (Assam Accord)
- Association for Democratic Reforms v Union of India
Constitutionality of the Electoral Bond Scheme
- Ashwini Kumar Upadhyay v Union of India
Uniform Marriage Age
- Aligarh Muslim University Through its Registrar Faizan Mustafa v Naresh Agarwal
AMU Minority Status
- Janhit Abhiyan v Union of India
EWS Reservation
- Sita Soren v Union of India
Legislative Immunity for Lawmakers Facing Bribery Charges
Justice Jamshed Burjor Pardiwala was born in Mumbai on 12 August 1965 into a family of lawyers rooted in South Gujarat’s Valsad. His great-grandfather Navrojji Bhikaji Pardiwala began his legal practice in the town in 1894. His son, Cawasji Navrojji Pardiwala would go on to join the Valsad Bar in 1929. Justice Pardiwala’s father Burjor Cawasji Pardiwala followed in his footsteps, joining the Valsad Bar in 1955 and later becoming a Congress MLA. Between December 1989 to March 1990, his father also served as Speaker of the seventh Gujarat Legislative Assembly.
Justice Pardiwala commenced his legal practice in 1989 after earning his LL.B. from K.M. College in Valsad. By 1990, he had started practicing at the Gujarat High Court in Ahmedabad. In 1994, he was elected as a Member of the Bar Council of Gujarat, a position he held until 2000.
In 2002, he was appointed Standing Counsel at the Gujarat High Court and its subordinate courts. On February 17, 2011, Justice Pardiwala was appointed as an Additional Judge of the Gujarat High Court and was elevated to a permanent judge on January 28, 2013. During his tenure, Justice Pardiwala also held the position of President of the Gujarat State Judicial Academy. In May,2022 he was elevated as the Judge of the Supreme Court and will hold office till 2030.
NOTABLE JUDGEMENTS
In 2023, Justice Pardiwala was on the bench that upheld the constitutional amendments to Articles 15 and 16, allowing for up to 10% reservations for the Economically Weaker Sections (EWS), in Janhit Abhiyan v. Union of India. This 3:2 decision saw Justice Pardiwala in the majority, where he authored a separate concurring opinion. The ruling affirmed the constitutional validity of EWS reservations, stating that reservations could be based solely on economic criteria and that precedents like Indra Sawhney v. Union of India did not preclude such provisions.
In 2024, Justice Pardiwala joined the 8:1 majority in Mineral Area Development Authority v. Steel Authority of India, which held that states possess the authority to tax mines and minerals. The judgment, based on an interpretation of Entries 49 and 50 in the State List, overturned India Cement v. State of Tamil Nadu, which had restricted states from imposing such taxes and royalties. Going further, the eight-judge majority, including Justice Pardiwala, allowed states to collect back taxes from as far back as 2004, with payments scheduled to commence in 2026.
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