Verdict Must Not Be "Tossed Out" With Change Of Judge: Top Court Judge
Justice B.V. Nagarathna, a sitting Supreme Court judge, has voiced strong concerns regarding the practice of overturning judicial verdicts simply because of changes in the composition of judicial benches. Speaking at the International Convention on the Independence of the Judiciary, Justice Nagarathna emphasized the critical need to maintain the stability of judgments to safeguard the integrity of the legal system.
Justice Nagarathna highlighted that the credibility of the judicial system hinges on the respect for established verdicts. She cautioned against the growing trend of dismissing verdicts merely due to a change in the judges presiding over a case. Her remarks come at a time when several high-profile reversals by the Supreme Court have brought this issue into sharp focus.
Recent instances, such as the Supreme Court's decision to lift a ban on retrospective environmental clearances and its upholding of JSW Steel’s acquisition of Bhushan Power, exemplify the concerns raised by Justice Nagarathna. These reversals have sparked debate about the consistency and reliability of judicial decisions, particularly when there are shifts in the presiding judges.
Justice Nagarathna's comments underscore the importance of judicial integrity and the need for a consistent application of the law. The principle of stare decisis, which emphasizes adherence to precedent, is a cornerstone of common law systems, providing predictability and stability in legal outcomes. Undermining this principle by readily overturning verdicts can erode public trust in the judiciary and create uncertainty in the application of legal principles.
The remarks from Justice Nagarathna gain significance in light of the recent retirement of Chief Justice of India (CJI) B.R. Gavai and the appointment of Justice Surya Kant as the 53rd CJI. Justice Surya Kant, who assumed office on November 24, 2025, is expected to preside over several important constitutional and social cases during his relatively long tenure, which extends until February 9, 2027.
Justice Gavai, who retired on November 23, 2025, after a tenure of over six months, has been lauded for his commitment to judicial integrity and his efforts to uphold the rule of law. He authored over 300 judgments during his time on the Supreme Court, addressing a wide range of subjects, from constitutional law to environmental law. Justice Gavai's career, marked by his humble background and dedication to the Constitution, serves as an example of the values that underpin the Indian judiciary.
Justice Surya Kant's tenure is anticipated to involve navigating critical issues spanning constitutional law, cyber law, criminal justice, and electoral integrity. As the new CJI, he will play a crucial role in ensuring that the judiciary maintains its independence and upholds the principles of justice and fairness. With key cases coming before him, his leadership will be vital in preserving the integrity of the judicial process and reinforcing public confidence in the legal system.
The concerns raised by Justice Nagarathna serve as a timely reminder of the need for the judiciary to safeguard the stability and consistency of its verdicts, regardless of changes in judicial benches. This is essential to maintaining the rule of law and preserving the public's faith in the judicial system.
