LawChakra

Landmark Judgments by Justice Bela M Trivedi Before Her Supreme Court Retirement

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Justice Bela Trivedi spent her final day at the Supreme Court yesterday. Her trailblazing verdicts on constitutional rights, gender justice, and criminal law continue to leave a lasting impact.

On May 16, 2025, Justice Bela M. Trivedi concluded her remarkable journey at the Supreme Court of India, marking the end of a tenure that, though short in years, was rich in constitutional interpretation, judicial courage, and institutional insight.

Although her official retirement date falls on June 9, 2025, Justice Trivedi opted to step down earlier, bringing the curtain down on a judicial career that consistently demonstrated clarity of thought and bold independence.

Early Life and Career

Born in Patan, Gujarat, on June 10, 1960, Justice Trivedi’s path to the apex court was anything but ordinary. A graduate in B.Com-LL.B from the Maharaja Sayajirao University of Baroda, she enrolled with the Bar Council of Gujarat in 1983 and began practicing civil and constitutional law.

Judicial Journey

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 significant 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.

Justice Trivedi was not just the first woman judge from the Gujarat High Court to ascend to the Supreme Court; she also brought with her the rare distinction of blending judicial and executive experience.

This fusion of perspectives enriched her judgments with a unique administrative acumen and a grounded understanding of governance and law.

Her judgments reflected her independent mind and firm belief in the rule of law, even if it meant standing alone.

Notable Judgments and Contributions

1. EWS Reservation Upheld

Case: 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: 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: 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: 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 underscored 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: 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: 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.

Controversies and Farewell Row

Despite her stellar contributions, Justice Trivedi’s farewell was mired in controversy. The Supreme Court Bar Association chose not to host a farewell for her, a move that Chief Justice of India BR Gavai publicly condemned during the ceremonial bench.

Calling it unfortunate and unbecoming, the CJI emphasized that judicial differences should never eclipse the dignity that is due to every judge.

Justice Bela Trivedi’s departure from the Supreme Court may not have been ceremonially marked, but her judgments will long continue to echo through the corridors of Indian constitutionalism.

Her jurisprudence reflects a fierce commitment to the Constitution, an unshakeable sense of justice, and a refusal to bend to populism or pressure.

As she exits the bench, she leaves behind a legacy of bold, balanced, and deeply reasoned judgments — a trail for future jurists to follow.

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