Justice BV Nagarathna

Justice B. V. Nagarathna is a distinguished Indian jurist and sitting Judge of the Supreme Court of India, widely recognised for her intellectual independence, principled judgments, and strong advocacy for constitutional morality, gender equality, and institutional integrity. She holds historical significance as the first woman in India’s history expected to become the Chief Justice of India (CJI), marking a major milestone in the evolution of the Indian judiciary.

Early Life and Education

Justice Nagarathna was born on 30 October 1962 in Bangalore (now Bengaluru), Karnataka, into a family with a strong legal background. She is the daughter of Justice E. S. Venkataramiah, who served as the 19th Chief Justice of India from June to December 1989. Growing up in a judicial environment, she developed a deep appreciation for constitutional values, justice, and the rule of law.
She completed her early education in Bengaluru and graduated with a Bachelor of Arts (B.A.) degree in History. She later obtained a Bachelor of Laws (LL.B.) from the University Law College, Bengaluru, affiliated with Bangalore University.

Legal Career

Justice Nagarathna enrolled as an advocate in 1987 and began practising in the High Court of Karnataka. Over the years, she established herself as a capable and respected lawyer, handling a wide range of cases including:

• Constitutional and administrative law;
• Commercial and corporate matters;
• Service and labour law;
• Property, insurance, and family law cases.

She appeared before various tribunals, commissions, and quasi-judicial authorities, and also represented government bodies and private clients with distinction. Her legal practice was marked by clarity, diligence, and a commitment to fairness and reasoned advocacy.

Judicial Career

Justice B. V. Nagarathna was appointed as an Additional Judge of the Karnataka High Court on 18 February 2008 and became a Permanent Judge in February 2010. During her tenure on the High Court bench, she delivered numerous notable judgments that reflected her deep understanding of constitutional governance and social justice.
Her judgments often emphasised:

• Transparency and accountability in public administration;
• Women’s rights and empowerment;
• Protection of citizens’ fundamental rights;
• Constitutional morality and the independence of institutions.

Her balanced and scholarly approach earned her respect across the legal community.
In August 2021, Justice Nagarathna was elevated to the Supreme Court of India, along with eight other judges, in one of the largest single batches of appointments to the apex court. Her elevation was historic because, by virtue of seniority, she is poised to become the Chief Justice of India in 2027, making her the first woman ever to hold this position in the Supreme Court’s history.

Notable Judgments and Legal Contributions

Throughout her judicial career, Justice Nagarathna has contributed significantly to constitutional and administrative jurisprudence. Some of her important observations and rulings include:

1. Freedom of Expression and Responsibility: Justice Nagarathna has repeatedly underscored that freedom of speech carries corresponding duties and responsibilities, especially for those holding public office. She has emphasised the need for restraint and constitutional decorum in public discourse, particularly by government functionaries.
2. Dissent in the Demoneti­sation Case (2023): In the landmark case challenging the 2016 demonetisation policy, Justice Nagarathna delivered a strong dissenting opinion. While the majority upheld the government’s decision, she held that the procedure adopted was legally flawed, stating that the recommendation for demonetisation should have originated from the Reserve Bank of India (RBI), not the government. Her dissent reflected her belief in institutional propriety, procedural fairness, and the rule of law.
3. Gender Equality and Women’s Rights: Justice Nagarathna has consistently spoken in favour of greater representation of women in the judiciary and legal profession. She has highlighted the need for a more gender-sensitive legal culture, noting that women bring valuable perspectives to justice delivery.
4. Judicial Independence and Constitutional Values: Through her speeches and rulings, she has advocated the preservation of judicial independence, warning against attempts to erode institutional credibility. She has championed the idea that the judiciary must remain the ultimate guardian of constitutional rights and liberties.
5. Administrative Accountability: As a High Court judge, she delivered several rulings promoting transparency and accountability in governance, insisting that public authorities act within the bounds of law and fairness.

Judicial Philosophy

Justice Nagarathna is widely regarded as a constitutionalist with a deep commitment to the rule of law, justice, and equality. Her judgments and public remarks reveal a philosophy grounded in:

• Constitutional morality over political expediency;
• Equity and fairness in the administration of justice;
• Respect for institutional processes and democratic norms;
• Empathy for vulnerable and marginalised communities.

She has often stated that the law must remain “a living instrument”, adapting to social change while maintaining its moral foundations. Her reasoning style combines legal precision with moral and social insight, making her judgments both intellectually rich and accessible.

Prospective Tenure as Chief Justice of India

Based on the seniority system followed in the Supreme Court, Justice B. V. Nagarathna is expected to assume office as the Chief Justice of India in September 2027 and serve until October 2027. Though her tenure will be relatively short, her elevation will mark a historic moment in India’s judicial history, symbolising progress in gender representation at the highest level of the judiciary.
Her expected appointment as CJI carries deep symbolic significance, representing the culmination of decades of efforts toward achieving gender parity and inclusivity in the Indian judicial system, where women have historically been underrepresented.

Awards, Speeches, and Public Engagements

Justice Nagarathna has delivered numerous lectures and addresses on topics such as constitutional governance, women’s empowerment, access to justice, and judicial ethics. Her public statements often highlight the moral dimension of law and the responsibility of judges to uphold the dignity of citizens and institutions alike.
She has also been honoured by several academic and legal institutions for her contributions to the development of jurisprudence and her advocacy for social justice.

Legacy and Significance

Justice B. V. Nagarathna’s career reflects a remarkable blend of professional excellence, judicial independence, and moral conviction. She represents a new generation of judges who uphold not only the letter but also the spirit of the Constitution.