Justice BV Nagarathna has made history by becoming the first woman judge to join the Supreme Court Collegium. Following the retirement of Justice Abhay S. Oka on May 25, she became the fifth most senior judge in the Supreme Court, thereby joining the Collegium — the body comprising the Chief Justice of India (CJI) and the four next senior-most judges.
Set to Become India’s First Woman CJI
As per the seniority-based appointment system for the CJI in India, Justice Nagarathna is poised to become the 50th Chief Justice of India on September 11, 2027. She will also be the first woman ever to hold this prestigious position. Her tenure, though brief, will mark a historic milestone, as she is scheduled to retire on October 29, 2027.
Legal Legacy and Education
Born on October 30, 1962, in Bangalore, Justice Nagarathna comes from a family deeply rooted in law. Her father, Justice E.S. Venkataramiah, served as the 19th Chief Justice of India in 1989. Growing up in a legal environment, she pursued her law degree from Delhi University.
Contribution to Legal Literature
Justice Nagarathna played a significant role in the Supreme Court’s publication, Courts of India. She contributed chapters on the Karnataka judiciary and chaired the committee responsible for translating the book into Kannada.
Key Judgments and Dissents
Over her 17-year judicial career, Justice Nagarathna has delivered several landmark judgments:
As a Supreme Court Judge:
- Bilkis Bano Case (2024): As part of a bench with Justice Ujjal Bhuiyan, she declared the Gujarat government’s remission of sentences for 11 convicts in the Bilkis Bano case illegal, stating that only the Maharashtra government had jurisdiction, as the trial occurred there.
- Ministerial Statements (2023): Held that the government cannot be held liable for personal statements made by its ministers.
- Demonetisation (2023): Dissented in the majority verdict upholding the 2016 demonetisation, arguing that such a decision required parliamentary approval, not just executive action.
As a Karnataka High Court Judge:
- Compassionate Appointments: Ruled that children born out of wedlock are eligible for compassionate appointments, emphasizing that “no child is illegitimate.”
- Pandemic Rulings: Directed the Karnataka government to continue the mid-day meal scheme and digital education during the COVID-19 lockdown