Today, On 9th June, Justice Bela M. Trivedi retired , leaving behind a strong judicial legacy. Her Supreme Court judgments showed bold decision-making and clear constitutional understanding, making a lasting impact despite her relatively short tenure on the bench.
New Delhi: Justice Bela M. Trivedi stepped down from her position as a judge today. Although her official retirement was scheduled for June 9, 2025, she retired earlier than planned.
Her tenure at the Supreme Court officially ended on May 16, 2025, bringing to a close a judicial career that, while brief in duration, stood out for its strong constitutional reasoning, bold decision-making, and deep understanding of institutional matters.
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During her time in the Supreme Court, Justice Trivedi was part of several important benches and gave judgments on key issues. She was known for her sharp legal understanding and firm opinions in court.
Notable Judgments and Contributions
1. EWS Reservation Upheld
Case Title: Janhit Abhiyan v. Union of India
Another significant contribution was her stance in Janhit Abhiyan v. Union of India, where a 5-judge bench upheld the validity of the 103rd Constitutional Amendment granting 10% reservation to economically weaker sections. Writing for the majority, Justice Trivedi argued that the amendment did not violate the Indra Sawhney precedent on reservation caps, as it introduced a new category based solely on economic criteria.
2. Reversing ‘Skin-to-Skin’ Judgment
Case Title: Attorney General for India v. Satish
Her judgment in the “skin-to-skin” controversy reversed a deeply troubling Bombay High Court decision. She rejected the narrow interpretation that required direct skin contact for a POCSO conviction, asserting that such a definition would make the Act toothless and dilute its legislative intent. Her strong articulation of legislative purpose preserved the protective shield that the POCSO Act was meant to offer children.
3. Subclassifications within SCs
Dissenting opinion in a 6:1 majority judgment (2024)
Her judgments reflected her independent mind and firm belief in the rule of law, even if it meant standing alone. In the significant 2024 verdict where a 6:1 majority of the Supreme Court held that states could sub-classify Scheduled Castes to provide more targeted reservation benefits, Justice Trivedi stood as the sole dissenter. She unequivocally held that such sub-classification was unconstitutional, arguing that it went against the grain of equality enshrined in the Constitution.
4. Lawyers Not Liable Under Consumer Law
Case Title: Bar of Indian Lawyers v. DK Gandhi
In a significant ruling, the bench led by Justice Bela M. Trivedi held that advocates are not service providers under the Consumer Protection Act. This decision overruled the 2007 NCDRC verdict, which had controversially equated legal services to those offered in business or trade. The Court reaffirmed the profession’s constitutional status and emphasized that lawyers function in a fiduciary capacity, not as traders or businessmen.
5. Fraud in Legal Representation
Case Title: Bhagwan Singh v. State of UP
Justice Trivedi addressed the grave issue of fraudulent legal representation, where advocates had misrepresented facts before courts. Recognizing the seriousness of the misconduct, she ordered a CBI investigation and highlighted the accountability of Advocates-on-Record (AoRs), highlighting that the sanctity of legal practice cannot be compromised.
6. POCSO Case Infrastructure Concerns
Justice Trivedi raised concerns about the lack of dedicated POCSO (Protection of Children from Sexual Offences) courts across the country. She noted that such infrastructural gaps were causing delays in trials, undermining the objective of speedy justice for minors. The bench directed both the Central and State governments to act swiftly and ensure proper facilities and timely adjudication in POCSO cases.
7. Denial of Bail in High-Profile Cases
Justice Trivedi played a key role in several high-profile bail cases. She denied bail to AAP leader Satyendar Jain and ordered him to surrender. In the case of BRS leader K. Kavitha, the Court refused bail, asking her to approach the trial court. Justice Trivedi also dismissed TMC MP Abhishek Banerjee’s challenge against ED summons. In a major decision, she set aside Kapil Wadhawan’s default bail in the DHFL scam, reshaping the approach to economic offence jurisprudence.
8. Chandrababu Naidu FIR Case
Justice Trivedi was part of the bench that delivered a split verdict regarding the applicability of Section 17-A of the Prevention of Corruption Act in the FIR against former Andhra Pradesh Chief Minister Chandrababu Naidu. The division of opinion reflected the legal complexity surrounding prior sanction requirements before initiating corruption probes against public officials.
9. Bhushan Power & Steel Liquidation
Case Title: Kalyani Transco v. Bhushan Power
In a critical commercial ruling, Justice Trivedi refused to accept JSW Steel’s ₹19,700 crore resolution plan for Bhushan Power and Steel. She labelled the bid “dishonest and fraudulent” and found that the plan failed to uphold transparency and credibility under the Insolvency and Bankruptcy Code. Her judgment paved the way for the company’s liquidation.
10. No Divorce for Elderly Couple
Case Title: Dr. Nirmal Singh Panesar v. Paramjit Kaur Panesar
Despite clear signs of marital discord, Justice Trivedi refused to grant a divorce to the elderly couple. She underscored that marriage is not merely a contract but a sacred spiritual union. By prioritizing the wife’s dignity and emotional needs, the Court upheld the principle that dissolution of marriage should not be mechanical, especially in advanced age.
In 1995, she made history when she was directly appointed as a judge to the City Civil and Sessions Court in Ahmedabad.
At the time, her father was also serving as a judge in the same court, an event that earned them a place in the 1996 edition of the Limca Book of Records as India’s first father-daughter duo to serve in the same judicial forum.
Over the years, she occupied important positions across the legal spectrum from being Law Secretary to the Government of Gujarat to serving as Registrar (Vigilance) in the Gujarat High Court.
She was appointed as a judge of the Gujarat High Court in 2011, later transferred to the Rajasthan High Court, and finally elevated to the Supreme Court on August 31, 2021. Her appointment, alongside Justices BV Nagarathna and Hima Kohli, marked a historic moment the swearing-in of three women judges to the apex court in a single day.
Her judgments reflected her independent mind and firm belief in the rule of law, even if it meant standing alone.
Also Read: JUSTICE BELA M. TRIVEDI
Despite her notable contributions to the judiciary, Justice Bela M. Trivedi’s farewell became a subject of controversy. Earlier, The Supreme Court Bar Association (SCBA) decided not to organise a formal farewell in her honour an action that drew strong criticism from CJI Gavai, during the ceremonial bench.
Describing the decision as “unfortunate and unbecoming,” the Chief Justice stressed that differences in judicial opinion should never overshadow the respect and dignity owed to every judge.
Although Justice Trivedi’s departure from the Supreme Court lacked a traditional ceremonial send-off, her impactful rulings will continue to resonate within the realm of Indian constitutional law for years to come.
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