Temptations looming all over, judges must say 'no': Justice BV Nagarathna on judicial independence

Supreme Court Justice BV Nagarathna on Tuesday called on judges to remain steadfast in protecting judicial independence, cautioning that yielding to external pressures could undermine the very institution of the judiciary..Delivering a lecture at the Justice TS Krishnamoorthy Iyer Memorial Oration organised by the Kerala High Court Advocates' Association (KHCAA), Justice Nagarathna emphasised that judges must remain firm in their commitment to constitutional values even in the face of temptations and potential career consequences."Let me say that we judges, we should unite for the cause of justice, for we have nothing to lose except our independence. And once we lose our independence, we cease to be judges," the judge said.She added that the ability to refuse improper influence is essential to judicial integrity."There are temptations looming all over, but according to me, the shortest word and the shortest sentence in English language, is “NO”. Whatever be the temptations, just say the word and there you are clear in your mind and for all times to come," the Judge added..The lecture was held at the Kerala High Court auditorium, where Justice Nagarathna also inaugurated the 'Continuing Legal Function Program' initiated by the KHCAA.Kerala High Court Chief Justice Soumen Sen presided over the function and inaugurated the 'Wednesday Club', an initiative inspired by the Friday Club of the Supreme Court Bar Association.Advocate General Gopalakrishna Kurup, KHCAA President Peeyus A Kottam, Advocate Roy Chacko and Balaji K Moorthy, son of Justice TS Krishnamoorthy Iyer, were also present on the dais..Beginning her address with a tribute to Justice Iyer, Justice Nagarathna described him as an eminent judge who was fair impartial and committed to upholding justice, equality and the rule of law.She explained that her lecture topic, titled Transformative Constitutionalism & Basic Structure Doctrine: A Dialogue, was chosen keeping in mind Justice Iyer's lifelong engagement with constitutional values.Justice Nagarathna said that transformative constitutionalism represents the idea of bringing about large-scale social change through democratic processes grounded in law. She noted that the Constitution's transformative vision can broadly be understood through three themes which are equality, fraternity and liberty..Turning to the Basic Structure doctrine, she described it as a structural limitation on parliament's amending power, ensuring that while the Constitution may admit change and amendments, it could not be altered in a manner that destroyed its core identity."Very simply put: the basic structure tells us what must not be lost; transformative constitutionalism explains how those commitments are meant to endure," she explained.Justice Nagarathna observed that both doctrines ultimately were protected by the judiciary through judicial review.Courts, she said, translated constitutional ideals such as liberty, equality and the rule of law into enforceable rights. However, she stressed that the judiciary can perform this function only when separation of powers and judicial independence are preserved.Illustrating the importance of separation of powers, she referred to a recent Supreme Court decision In Re: Directions in the matter of demolition of structures (2024), where it was held that demolition of houses by executive authorities merely because their occupants were accused of crimes, was illegal."If the executive demolishes a citizen’s home merely because an accusation has been made - without trial, without findings, without following legally prescribed procedures - it effectively assumes the role of a judge. That collapses the constitutional scheme," the judge added..Justice Nagarathna noted that judicial review often required courts to invalidate legislation or restrain executive actions, decisions that may be politically unpopular. Even in such situations, she said, judges must remain guided by their oath of office."We, as judges, should always follow our oath of office which is our judicial dharma and live up to it irrespective of its consequences on our career," the Judge stated.Justice Nagarathna also mentioned structural safeguards in place for independence of the judiciary which included security of tenure, transparent appointment processes and institutional autonomy.True independence, she said, required both freedom from external pressure and the courage to differ even from colleagues while pronouncing judgments.While concluding her speech, Justice Nagarathna urged young lawyers to read statutory provisions, commentaries and judgments repeatedly and cautioned them against blind reliance on Artificial Intelligence tools. AI, she said, must assist and not mislead the Bar.The event concluded with a vote of thanks delivered by Balaji K Moorthy..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.