KOCHI (March 3, 2026) — Supreme Court Justice B.V. Nagarathna emphasized on Tuesday that judges must remain committed to their “judicial dharma” and oath of office, even if making unpopular decisions risks their future career elevation or extensions. Delivering the Justice T.S. Krishnamoorthy Iyer Memorial Lecture at the Kerala High Court, she argued that judicial independence is the bedrock of transformative constitutionalism.
Key Highlights from the Lecture
Justice Nagarathna’s speech, titled “Transformative Constitutionalism and Basic Structure Doctrine: A Dialogue,” explored the delicate balance between the judiciary’s role in societal change and the immutable principles of the Constitution.
- On Judicial Independence: She described the independence of the judiciary not as a privilege for judges, but as a right of the citizens. “A judge who is not independent cannot dispense justice in accordance with the law and the Constitution,” she remarked.
- The Concept of “Judicial Dharma”: Justice Nagarathna stated that a judge’s primary duty is to the Constitution. She observed that while some decisions might be viewed unfavorably by the executive or the public, a judge must not be swayed by the potential impact on their career trajectory.
- Transformative Constitutionalism: She highlighted that the Indian Constitution is a “transformative document” intended to dismantle historical social hierarchies and ensure substantive equality, rather than just formal legal equality.
The Basic Structure Doctrine
The Justice touched upon the Basic Structure Doctrine, noting its evolution as a safeguard against the “tyranny of the majority.”
“The Basic Structure Doctrine is not a hurdle to progress, but a fence that ensures the soul of the Constitution remains intact while the body adapts to modern needs. It ensures that the essential features—like secularism, federalism, and the rule of law—are never bartered away for political expediency.” — Justice B.V. Nagarathna
Notable Observations on High Court Autonomy
During the dialogue, she also touched upon the relationship between the Supreme Court and High Courts. She reiterated that High Courts are not “subordinate” to the Supreme Court in their constitutional jurisdiction, but are rather autonomous pillars of the federal judicial structure.
Sources
- Press Trust of India (PTI): “Judges should follow judicial ”dharma” irrespective of effect on career: Justice Nagarathna” (March 3, 2026)
- The Hindu: “Judicial independence is a right of the people: Justice B.V. Nagarathna” (March 4, 2026)
- Live Law: “Even if it costs elevation, judges must follow judicial dharma: Justice Nagarathna” (March 3, 2026)
- Bar & Bench: “Transformative Constitutionalism and Basic Structure: Justice BV Nagarathna delivers memorial lecture” (March 3, 2026)
- Kerala High Court: Official Video Record of the T.S. Krishnamoorthy Iyer Memorial Lecture (March 2026)
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