Justice B. V. Nagarathna is a prominent figure in the Indian judiciary, currently serving as a Judge of the Supreme Court of India. Previously, she was a Judge at the Karnataka High Court before her elevation to the Supreme Court. As a potential candidate for the first-ever woman Chief Justice of India, Justice Nagarathna represents a beacon of hope for many.
Justice Bangalore Venkataramiah Nagarathna, born on October 30, 1962, is a distinguished judge of the Supreme Court of India, noted for her significant contributions to Indian jurisprudence.
She is the daughter of the late Chief Justice E. S. Venkataramiah and has built an impressive legal career marked by a commitment to justice and a strong focus on constitutional and commercial law.
Early Life and Education
Justice Nagarathna completed her early education at Bharatiya Vidya Bhavan in New Delhi and graduated with a Bachelor of Arts in History from Jesus and Mary College, University of Delhi, in 1984. She later pursued her law degree from the Campus Law Center, Faculty of Law, University of Delhi, which she completed in 1987.
Her educational background laid a solid foundation for her illustrious career in law.
Legal Career
Justice Nagarathna became a member of the Karnataka Bar Council on October 28, 1987, and began her practice as a constitutional and commercial lawyer in Bangalore. Her expertise encompassed a broad range of legal areas, including insurance law, service law, administrative law, land and rent laws, family law, and arbitration and conciliation.
Her journey in the judiciary began when she was appointed as an additional judge of the Karnataka High Court on February 18, 2008, and was elevated to a permanent judge on February 17, 2010. Her significant contributions to the Karnataka High Court included resolving an impressive number of cases; she personally disposed of 19,247 out of a total of 37,531 cases during her tenure.
Appointment to the Supreme Court
Speculation regarding Justice Nagarathna’s nomination to the Supreme Court began in May 2020, with commentators highlighting her potential to become the first female Chief Justice of India. She officially joined the Supreme Court on August 26, 2021, taking her oath of office on August 31, 2021.
Her appointment is seen as a pivotal moment in Indian judicial history, with many viewing her as a role model for aspiring female judges and lawyers across the country.
Key Judgments and Contributions
Justice Nagarathna’s tenure in the Karnataka High Court is marked by several landmark judgments that reflect her dedication to upholding justice and protecting the rights of individuals. Some of her notable judgments include:
- Preventive Detention: In Rizwan Pasha v. Commissioner of Police, Justice Nagarathna emphasized the importance of prompt consideration of a detenu’s representation, asserting that the failure to do so could lead to unjust detention.
- Compassionate Appointments: In K Santhosha v. Karnataka Power Transmission, she ruled that children born from void marriages should not be disadvantaged when considered for compassionate appointments, highlighting the rights of children irrespective of their birth circumstances.
- Evidence Under POCSO Act: In Hanumantha Mogaveera v. State of Karnataka, Justice Nagarathna clarified that statements recorded under Section 164 of the CrPC do not automatically qualify as evidence under the POCSO Act, thus reinforcing procedural integrity.
- Regulation of Bike Taxis: In Ani Technologies v. State of Karnataka, she mandated that necessary permits must be obtained for the operation of bike taxis, underscoring the importance of regulatory frameworks in emerging transport services.
- Protection for Journalists During COVID-19: In Jacob George v. Secy., Department of Information and Broadcasting, she recognized the essential role of journalists during the pandemic, equating their service to that of healthcare workers.
- Response to COVID-19 Incidents: Justice Nagarathna called upon the State Government to address breaches of social distancing norms and protect healthcare workers during the pandemic.
Justice B.V. Nagarathna of the Karnataka High Court and Supreme Court has made significant contributions through several key rulings, addressing pressing legal issues and upholding rights during challenging times.
In Yashodhara Shroff v. Union of India, Justice Nagarathna clarified the constitutional boundaries of disqualifying company directors under the Companies Act, 2013. In Girish Bharadwaj v. State of Karnataka, she upheld the government’s policy decision regarding the release of COVID-19 information from a religious gathering, reinforcing the distinction between judicial intervention and policy matters.
Justice Nagarathna remarked,
“Our country India, or Bharat, is not just a piece in history or geography. It is a nation of over a billion people with over a billion dreams. I have often wondered what binds us together despite the innumerable diversities. It is my firm conviction that one of the binding factors is the Indian Constitution a legal system committed to rule of law and an organized hierarchy of courts with a Supreme Court at the apex.”
In the realm of public policy, her ruling in Sandhya U. Prabhu v. State of Karnataka allowed 24/7 operations for supermarkets and essential transport services, emphasizing the non-arbitrary nature of such decisions. Notably, Justice Nagarathna’s dissent in State of UP v. Lalta Prasad Vaish highlighted her commitment to regulating the misuse of industrial alcohol under constitutional provisions.
Her dissent in Mineral Area Development Authority v. Steel Authority of India argued for recognizing royalties as a tax, while her judgment in Gene Campaign v. Union of India quashed approvals for genetically modified mustard, prioritizing health and environmental concerns. These rulings exemplify her nuanced understanding of law and commitment to justice.
Justice Nagarathna’s journey through the legal profession serves as an inspiration for countless women aspiring to break barriers in traditionally male-dominated fields. Her ascent to the Supreme Court has reignited hopes for greater representation of women in the judiciary, with many anticipating her rise to the position of Chief Justice.
Justice B.V. Nagarathna’s contributions to the Indian judiciary are a testament to her dedication, expertise, and commitment to justice. As a prominent figure in the Supreme Court, she continues to inspire future generations of legal professionals and advocates for equality, justice, and the rule of law in India. Her role as a trailblazer not only paves the way for women in law but also strengthens the foundations of justice in the country.