Supreme Court Justice B.V. Nagarathna says that judgments should not be rejected just because the judges who wrote them have changed or retired. He expressed concern over the recent incidents of overturning the decisions of the Supreme Court. He said that the court’s decisions should stand with time. He stressed that judicial independence means that a judgment once given should be firm because it is written in ink, not on sand.
Justice Nagarathna said this on Saturday (29 November) in O.P. Sonipat, Haryana. Speaking at the International Conference on Independence of the Judiciary at Jindal Global University. He emphasized that judicial independence and supremacy of law together ensure that the rule of law will not be weakened by political pressure at any time. He said that protecting judges from political and external influence is extremely important for this purpose. Therefore, both these concepts are important foundations for the rule of law, which cannot be underestimated.
‘Decisions are written in ink, not on sand’
He said that the developed understanding of judicial independence requires that our legal system assures that the judgment given by a judge stands the test of time, because it is written in ink and not on sand. The Justice said that the rule of law is an approach based on dual trust. He said that it is the duty of the legal fraternity and all those associated with the governance system to respect the decision. If there is any objection, raise it as per the conventions laid down in the law, and do not try to overturn the decision just because the faces (officials/officials) have changed. He said that in a democracy, the governance system runs on the public’s trust in the Constitution and the courts.
‘Political separation of judges is necessary’
Supreme Court Justice BV Nagarathna said that the independence of the judiciary is protected not only by the decisions but also by the personal behavior of the judges. For this, political separation of judges is necessary. He further said that a better understanding of judicial independence gives confidence to our legal system that a judge’s decision will hold its ground in time, because it is written in ink, not on sand. He said that judiciary is an integral part of the governance of the country. He said that courts often have to take decisions on many questions related to the future of Indians. Today the judiciary has to perform the duty of ensuring the rule of law whenever there is a violation.
Many decisions changed in Supreme Court
In fact, Justice BV Nagarathna’s statement has brought about the reversal of decisions like Vanashakti, Delhi firecracker ban, TN Governor’s decision, Bhushan Steel insolvency within a few months. These decisions have recently been overturned in the Supreme Court. On November 26, the Supreme Court itself had expressed concern over the increasing number of cases in the Supreme Court where decisions of previous benches were being overturned by subsequent benches or specially constituted benches. The court had said that final approval of decisions not only stops endless litigation but also maintains public confidence in the judiciary.
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