Justice B V Nagarathna said Supreme Court verdicts must not be re-opened only because new judges take over the bench. She stressed that judgments are “written in ink and not in sand” and must be respected to protect judicial independence.
Supreme Court judge Justice B V Nagarathna on Saturday strongly cautioned against the growing trend of overturning earlier judgments just because the judges who wrote them are no longer on the bench.
She said that Supreme Court verdicts should not be “tossed out” simply due to a change in the composition of benches, stressing the need to maintain stability and respect for judicial decisions.
Speaking at the International Convention on the Independence of the Judiciary at OP Jindal Global University in Sonipat, Haryana, Justice Nagarathna said that an advanced understanding of judicial independence requires complete assurance that a judgment, once delivered, will remain stable and respected over time.
She added that judgments should stand strong because they are written
“in ink and not in sand”.
According to her, it is the responsibility of everyone in the legal system—including lawyers, judges, institutions, and the wider governance framework—to recognise the importance of judicial decisions and challenge them only through lawful and established methods.
She emphasised that it is wrong to try to discard a judgment
“solely because the faces have changed”.
Justice Nagarathna said the judiciary plays a crucial role in governing the country and is often required to decide important matters concerning people’s rights and the future of the nation.
With broader rules that allow more people to approach the courts and with the availability of several legal remedies, the courts today handle a wide variety of issues affecting millions of Indians.
She noted that
“today, the judiciary is seen as having a duty to ensure the rule of law, whenever infractions may occur”.
She also highlighted that judicial independence depends not only on legal provisions but also on the personal conduct and behaviour of judges.
A judge, she said, must always behave in a way that is seen as honest and free from suspicion. She further added that staying away from political influence is essential to preserving the impartiality of the judicial system.
Her remarks come at a time when the Supreme Court itself recently expressed worry over a “growing trend” of parties asking for specially constituted benches or new benches to reconsider previous verdicts.
On November 26, a bench of Justices Dipankar Datta and Augustine George Masih observed that when courts respect the finality of judgments, it prevents endless litigation and helps maintain public trust in the justice system.
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