Justice and Independence: Upholding Judicial Dharma in the Face of Challenges

Justice B V Nagarathna, a Supreme Court judge, emphasized the importance of judicial independence and adherence to the oath of office despite potential career repercussions. She highlighted the role of judicial review in maintaining transformative constitutionalism and the basic structure doctrine, warning against compromising personal liberty for collective interest.

Justice and Independence: Upholding Judicial Dharma in the Face of Challenges
Justice
  • Country:
  • India

Supreme Court judge, Justice B V Nagarathna, addressed critical issues facing the judiciary at the Justice T S Krishnamoorthy Iyer memorial lecture in Kerala. She stressed the need for judges to adhere to their oath of office, termed 'judicial dharma', even if unpopular decisions impact their career progression.

Justice Nagarathna highlighted the importance of judicial review within the framework of transformative constitutionalism and the basic structure doctrine, emphasizing their role in safeguarding personal liberty from being compromised for collective interest. She argued that judicial review is essential for curbing legislative and executive overreach.

Furthermore, she advocated for institutional measures like transparent appointments and financial autonomy to ensure judicial independence. Justice Nagarathna also praised the contributions of Justice Iyer, underscoring his legacy of justice, equality, and humility, which continues to inspire the legal community.

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