Those who can't exercise self-control must never accept judgeship: Justice BV Nagarathna Interview

Known for her principled stance in cases before her, Supreme Court Justice BV Nagarathna has a deep-seated belief in the rule of law and the Indian Constitution.She is forthright while deciding matters and her dissents in key matters are a testament to her judicial outlook.In this conversation with Bar and Bench’s Ayesha Arvind, the Supreme Court judge speaks about the Constitution of India and how it offers a solution to every legal quandary.She also reminisces about the legacy left behind by her father, eminent jurist and former Chief Justice of India ES Venkataramiah, the glass ceiling that she is set to break by becoming the first woman Chief Justice of India, and need for discipline while on the Bench..AA: You spoke about your father and how you continue to live by the principles he instilled in you. How have your father’s teachings shaped your life as a judge?.Justice BV Nagarathna: When I was born, my father was a Senior Advocate. He wasn’t appointed as a judge yet. I remember him as a man of great principles who had unceasing faith in the Indian Constitution.I was only 35 years old, about two years into my (independent) practice as an advocate, when my father passed away but his life has been a lesson for me.When I was young, my father made me read the Government of India Act of 1935 saying that it was a precursor to the Constitution of India and if I wanted to understand the Constitution, I must read the 1935 Act. I did so and realised the foresight that the founding fathers of our Constitution had to conceptualise this great document.My father was always so entrenched with the values and principles of the Constitution. He constantly thought of how the provisions of the Constitution could be used for the betterment of the citizens.From him, I learnt that the Constitution was a living, organic, dynamic instrument that will be in tune with the changing times. There is an underlying continuity in the Constitution and we can never move away from the founding principles. But if we look at it, we will always find solutions to every legal problem in the Constitution which is in tune with the current times..There is an underlying continuity in the Constitution and we can never move away from the founding principles.Justice BV Nagarathna.AA: You also spoke about how your father was always calm while on the Bench. You are a senior judge, who is set to become the first woman Chief Justice of the country. What is your view on the recent cases of judicial indiscipline, say for instance, the comments made by a judge of the Karnataka High Court or the Bar’s letter of grievance about another judge here?.BVN: My father believed and taught me to respect this office. All I can say without getting into specifics is that judges have to have a deep sense of restraint. There is a lot of self-control involved. A judge’s life is not one of great sacrifices but one that involves small acts of self-control everyday both while on the Bench and off of it, in terms of what one says and how one reacts. I will say that those who cannot exercise that restraint and self-control must never accept judgeship..Those who cannot exercise that restraint and self-control must never accept judgeship.Justice BV Nagarathna.AA: You are set to break a glass ceiling when you take up the office of the Chief Justice of India in 2027. How much does gender and diversity on the Bench matter in dispensation of justice?.BVN: My father administered the oath of office in 1989 to the first woman judge of the Supreme Court, Justice Fathima Beevi. Both him and I have always believed that diversity in appointment of judges and bringing more women to the Bench can only bring in a better perspective to adjudication and dispensation of justice.There can be no doubt that we need more women in the legal system - both as members of the Bench and the Bar. We also need to realise that women are not just auxiliary beings to the judiciary. Justice and adjudication will truly be in accordance with the Constitution if there are more women on the Bench..AA: You spoke about how ethics and integrity were inherent to your father’s personality. Do you have a set of personal beliefs that guides your judgeship?.BVN: In my father, I observed a strength of personality, which fortified my personal belief that fighting a good cause is most rewarding. For me it is a privilege that I was born to Justice Venkataramiah and I am very humbled by this legacy. But at the same time, this same legacy keeps me going. I constantly strive to follow in his footsteps and try to keep his great work alive through my actions..I think all judges should focus on the challenges that the judiciary faces as a whole.Justice BV Nagarathna.I think of both my parents every day. Whenever I am in doubt, I think of how my father would have acted in such a situation, what would he have done, and then I find my answers.I think all judges should focus on the challenges that the judiciary faces as a whole.They must not just think of such challenges only from their own respective perspective but they must also think about it from the recipient or the litigant’s perspective. They must have an all round approach.