Indu Malhotra

Indu Malhotra is a distinguished Indian jurist and legal scholar who served as a Judge of the Supreme Court of India from 27 April 2018 until 13 March 2021. She is widely recognised for her expertise in arbitration law, her scholarly contributions to the legal field, and for being the first woman lawyer to be directly elevated to the Supreme Court from the Bar. Her career is marked by academic excellence, judicial independence, and a commitment to upholding constitutional principles.

Early Life and Education

Indu Malhotra was born on 14 March 1956 in Bangalore, which was then part of the Mysore State. She received her early education at Carmel Convent School in Delhi. She pursued a Bachelor of Arts (Honours) degree in Political Science from Lady Shri Ram College for Women in 1975 and went on to complete a Master’s degree in Political Science from the University of Delhi in 1977.
Before joining the legal profession, Malhotra worked briefly as a lecturer in Political Science at Miranda House and Vivekananda College, both under the University of Delhi. Her academic inclination led her to study law, and she earned her Bachelor of Laws (LL.B.) from the Faculty of Law, University of Delhi in 1983. That same year, she enrolled with the Bar Council of Delhi and commenced her legal career.

Legal Career as Advocate and Arbitrator

Malhotra began practising law in 1983 and soon built a reputation as a dedicated and articulate advocate. In 1988, she qualified as an Advocate-on-Record at the Supreme Court of India, securing the top position in the examination and earning the Mukesh Goswami Memorial Prize.
Her practice focused extensively on arbitration and commercial law, making her one of India’s foremost experts in the field. Over the years, she represented a wide range of clients in both domestic and international arbitrations. In 2007, she became the second woman to be designated as a Senior Advocate by the Supreme Court of India after a gap of over three decades—a recognition of her distinguished standing at the Bar.
Malhotra has authored multiple editions of the authoritative text Commentary on the Law of Arbitration and Conciliation, which is frequently cited by courts and legal practitioners. She has also served as an arbitrator in various reputed arbitration institutions, including the Singapore International Arbitration Centre and the Mumbai Centre for International Arbitration.

Appointment to the Supreme Court

In April 2018, Indu Malhotra was appointed as a Judge of the Supreme Court of India, marking a historic first as the only woman advocate to be elevated directly from the Bar to the nation’s highest court. She was also the seventh woman to serve on the Supreme Court bench since its establishment.
During her tenure, she delivered several important judgments, particularly in the areas of constitutional and arbitration law. Her judicial approach was marked by clarity of reasoning, careful analysis of constitutional balance, and a deep respect for legal precedent.

Notable Judgments

Justice Malhotra’s contributions to Indian jurisprudence include several landmark cases:

• Navtej Singh Johar v. Union of India (2018): She was part of the Constitution Bench that decriminalised consensual same-sex relations under Section 377 of the Indian Penal Code. Her opinion expressed that “history owes an apology” to the LGBTQ+ community for the delay in recognising their rights.
• Joseph Shine v. Union of India (2018): The Supreme Court struck down Section 497 of the Indian Penal Code, which criminalised adultery. Justice Malhotra emphasised that adultery may constitute a moral wrong but should not attract criminal liability.
• Indian Young Lawyers’ Association v. State of Kerala (Sabarimala Case, 2019): Justice Malhotra delivered the lone dissenting opinion, arguing that matters of faith should not be interfered with by the Court unless there was an essential violation of constitutional rights. Her dissent became one of the most debated opinions in recent years.
• Arbitration Law Judgments: She authored several rulings that strengthened institutional arbitration and clarified enforcement procedures, reinforcing India’s commitment to becoming an arbitration-friendly jurisdiction.

Post-Retirement Roles and Contributions

After retiring from the Supreme Court in March 2021, Indu Malhotra resumed her practice as a full-time arbitrator. She continues to be an influential figure in arbitration and legal reform circles in India and abroad. Her legal expertise remains in demand for complex commercial and international disputes.
Apart from her professional commitments, she also contributes to public causes. She serves as a trustee of the Save LIFE Foundation, an organisation devoted to improving road safety and emergency medical response systems in India.

Significance and Legacy

Justice Indu Malhotra’s legacy lies in her pioneering journey and intellectual contributions to the legal system. She broke gender barriers by becoming the first woman to be elevated directly from the practising Bar to the Supreme Court, paving the way for future generations of women in law. Her judgments display a deep sense of justice, independence, and balance between social progress and constitutional fidelity.
She is highly respected for her succinct writing style and reasoned opinions, which are often cited for their precision and clarity. Her approach combined scholarly insight with a practical understanding of India’s complex socio-legal landscape.

Areas of Expertise and Scholarship

Justice Malhotra’s areas of expertise extend across multiple domains of law:

• Arbitration and Conciliation Law: She has contributed extensively to India’s arbitration jurisprudence and authored a leading treatise in the field.
• Constitutional Law: Her judicial work reflects a strong grasp of constitutional philosophy, with a focus on equality, liberty, and the protection of fundamental rights.
• Judicial Process and Interpretation: Her judgments demonstrate a balance between legal principle and pragmatic justice, earning her recognition for judicial clarity and fairness.

Criticism and Debate

Although highly respected, some of Justice Malhotra’s positions have sparked debate. Her dissent in the Sabarimala case was viewed by critics as conservative in its interpretation of gender equality, though many legal scholars praised it for its principled defence of religious autonomy. Such debates underline the complexity and diversity of constitutional interpretation in India’s pluralistic society.