Justice BV Nagarathna spoke candidly on a spread of points, reflecting on the enduring legacy of her father, justice ES Venkataramiah, and sharing her ideas on her impending tenure as the primary lady Chief Justice of India. In a dialog with Utkarsh Anand, justice Nagarathna delved into her judicial philosophy, the evolving function of girls within the judiciary and the challenges confronted by the justice system right this moment.
Your impending tenure as the primary lady Chief Justice of India is a historic milestone. How do you assume your father’s perspective on ladies in management would possibly align with the strides you will have made in breaking the glass ceiling?
So far as I’m involved, it is vital for me to give attention to how I attain that milestone reasonably than the milestone itself as a result of one has to work for all the pieces, and nothing comes free. How I’m perceived in these years as a decide — the type of work I do, the dedication I exhibit — is extra vital to me than merely attaining that place, nevertheless brief it might be. My father’s life is a lesson for me, although he handed away in 1997. I consider him every single day — each my mother and father. In moments of doubt, I at all times ask myself what my father would have executed within the scenario, and that turns into an vital consideration for me.
With the excellence of being a part of certainly one of solely two father-child duos to succeed in the place of Chief Justice of India, how do you mirror on this distinctive legacy, and what does it imply to you personally and professionally?
For me, it’s a privilege to have been born to Justice Venkataramiah, who was already a senior lawyer once I was born. I’m very humbled by the legacy. This legacy retains me going as a result of I need to uphold the requirements he set. It’s all constructive — nothing adverse about it.
Your father held vital roles in Karnataka earlier than ascending to the Supreme Courtroom. In gentle of his management within the judiciary, how do you assume he would have considered the rising presence of girls within the authorized career and the judiciary right this moment? Are there any areas of concern?
There is no such thing as a space of concern, and it’s a welcome change. My father appointed the primary lady decide, justice Fathima Beevi, to the Supreme Courtroom throughout his tenure because the CJI in 1989. Since then, ladies judges have proved themselves exceptionally effectively. There will be little question about ladies within the judiciary. I at all times say that girls within the judiciary will not be simply auxiliary; they’re central. Justice and adjudication actually align with the Structure when extra ladies are on the bench as a result of they bring about contemporary views.
How would you describe the judicial philosophy your father embodied throughout his tenure as Chief Justice of India? Do you see a continuity or a major shift in judicial approaches since his time?
I believe there was a change with continuity. My father was deeply entrenched within the values of the Preamble and the Structure. He believed in utilizing the Structure to render justice to the residents and innovating its provisions for the betterment of society. He noticed the Structure as a dwelling tree, a dynamic, natural entity that should adapt to altering occasions. Whereas we can not stray from our foundations, there should at all times be an interpretation that aligns with the evolving wants of society.
Justice Venkataramiah was a part of benches that delivered over 700 judgments. What classes will be drawn from his work ethic and dedication, significantly because the judiciary faces an growing case backlog right this moment?
Pendency is a relative topic as a result of the second you file a case right this moment, it turns into pending tomorrow. With a trebling inhabitants, litigation has naturally elevated, resulting in a flooded docket. Nonetheless, this displays the general public’s religion within the judiciary. The problem lies in navigating pendency with efficient methods to cut back it. Each Chief Justice, whether or not of a Excessive Courtroom or the Supreme Courtroom, has sought to handle this. Pendency shouldn’t be seen negatively; it represents belief within the system.
As somebody who has witnessed the judiciary from the angle of a daughter, an advocate, and now a decide, how do you evaluate the challenges confronted by judges in your father’s period to these confronted by the judiciary right this moment?
Challenges have at all times existed, however they evolve with every decade. The character of litigation has modified; we now not see the identical sorts of instances we had within the 50s, 80s, or 90s. At the moment, Public Curiosity Litigation (PIL) is a major problem. Whereas PIL was initially a boon for Indian residents, it has additionally been misused. Courts now fastidiously discern which instances to entertain. It’s essential to give attention to challenges and undertake a balanced strategy, contemplating each the system’s perspective and that of justice-seekers outdoors it.
