Justice BV Nagarathna expressed strong reservations about the Chief Justice of India’s (CJI) comments on prior judicial rulings, noting that it is inappropriate for judges to critique former judges’ decisions in this manner.
She argued that judgments should not be dismissed as contrary to the Constitution simply due to shifts in economic policies or changing perspectives.
Nagarathna emphasized that judges in future should avoid this practice, stating, “Such observations, suggesting that previous judges were not true to their oath…should not be made, even if there is a shift in policy. I do not concur with the CJI’s opinion on this matter.”
In the case, three separate judgments were delivered. The majority opinion, authored by CJI DY Chandrachud, was supported by six other judges: Justices Hrishikesh Roy, JB Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, and Augustine George Masih. Justice BV Nagarathna partially concurred, while Justice Sudhanshu Dhulia issued a dissenting opinion.
