Justice B.V. Nagarathna voiced concern that the Supreme Court is increasingly burdened with minor matters, forcing it to function like a family or bail court instead of focusing on truly significant constitutional issues.
Justice B.V. Nagarathna of the Supreme Court expressed concern that the apex court is compelled to take on various roles, such as a family court and a bail court, due to the overwhelming number of appeals filed for minor issues.
Leading a Bench, she pointed out that significant cases that truly require the Supreme Court’s attention often do not receive it, as the court is swamped with petitions challenging every decision made by lower courts.
Justice Nagarathna noted on May 9,
“Cases sent back to the High Courts return to the Supreme Court again. Petitions are filed against impleadments, for allowing amendments in pleadings and even adjournments given by lower courts,”
She highlighted that the influx of cases has diluted the Supreme Court’s primary focus and function as a constitutional court.
She asked,
“We have so many avatars now, as a family court, trial court, bail court and even High Court…For everything, petitions are filed here… In all this, where is our jurisdiction as the Supreme Court?”
As she is poised to become the first woman Chief Justice of India following seniority norms, she emphasized the need to empower High Courts as final arbiters in certain matters.
Justice Nagarathna stated,
“Somewhere, in some cases, we have to make the High Courts the final court,”
She also remarked that while “access to justice” is important, there should be discretion exercised before filing petitions in the Supreme Court, which contributes to its overburdened workload.
She suggested that factors such as financial resources and legal aid might be influencing the rising number of cases reaching the apex court.
Justice B.V. Nagarathna is a respected judge of the Supreme Court of India, widely recognised for her expertise in constitutional and commercial law, as well as her strong support for gender equality in the judiciary.
She has written several significant judgments during her tenure. One of her most well-known opinions was a dissent in the case challenging the legality of the 2016 demonetisation decision, where she raised concerns about the government’s method of implementation. Her decisions often highlight a deep commitment to constitutional principles and the protection of individual rights.
She was appointed to the Supreme Court on 31 August 2021. If the current line of seniority is followed, she is set to become India’s first woman Chief Justice in 2027, though her term in that role is likely to be short.