‘Judgments must not be tossed out after their authors retire’, Pg12

Key Highlights:

• Justice B.V. Nagarathna emphasized that court judgments should be respected and not discarded after the retirement of the judges who authored them.
• The statement follows recent instances of subsequent benches overruling prior judgments, including the overturning of the Vanashakti judgment on environmental clearances.
• Justice Nagarathna stressed that judgments should only be challenged through established legal processes, not based on changes in judicial personnel.
• Justice Dipankar Datta's Bench also observed a growing trend of overturning verdicts by succeeding Benches, raising concerns about judicial consistency.

Detailed Insights:

• The overturning of the Vanashakti judgment, which halted ex post facto environmental clearances, exemplifies the issue of reversing established legal precedents.
• Justice Nagarathna highlighted that respecting judgments is crucial for maintaining the integrity and stability of the legal system and governance framework.
• Judicial independence requires that judgments remain consistent over time and are challenged only through established legal traditions.
• Justice Nagarathna emphasized the importance of individual judges' conduct and political insularity in safeguarding judicial independence.

Key Concepts Involved:

• Judicial Independence: The principle that the judiciary should be free from influence or control from other branches of government or private interests.
• Ex post facto: Refers to actions or decisions that apply retroactively, affecting past events or actions.
• Environmental Clearances: Permissions granted by regulatory bodies before a project can begin, ensuring environmental impact is assessed.