Justice Nagarathna Warns Against Erosion of Separation of Powers
Supreme Court judge Justice B V Nagarathna delivered a powerful address on Tuesday, asserting that the separation of powers forms the bedrock of constitutionalism. She emphasized that this principle ensures the executive does not adjudicate, the judiciary does not administer, and the legislature does not execute governmental functions.
Constitutional Survival Depends on Clear Boundaries
Justice Nagarathna stated that where these lines are respected, constitutionalism survives; where they blur, arbitrariness prevails. She made these remarks while delivering the Justice T S Krishnamoorthy Iyer Memorial Oration on the theme ‘Transformative Constitutionalism and the Basic Structure Doctrine: A Dialogue.’
The event was organized by the Kerala High Court Advocates' Association along with the family and well-wishers of Justice Iyer at the high court auditorium in Kochi.
Recent Supreme Court Decision Cited
Referring to a 2024 decision of the apex court in ‘Re: Directions in the Matter of Demolition of Structures,’ Justice Nagarathna explained that the Supreme Court had reaffirmed the principle of separation of powers. This case dealt with the practice of demolishing houses by executive authorities merely because occupants were accused of wrongdoing.
She emphasized that determining guilt is a judicial function requiring proper adjudication, evidence, and adherence to due process. If the executive demolishes a citizen's home solely based on an accusation—without trial, findings, or following legally prescribed procedures—it effectively assumes the role of a judge, which collapses the constitutional scheme.
Judicial Dharma and Independence
Justice Nagarathna further stressed that judges must remain true to their oath of office, which she described as their judicial dharma, regardless of career consequences. "We, the judges, should unite for the cause of justice, for we have nothing to lose except our independence; and once we lose our independence, we cease to be judges," she declared.
She added that in the face of temptations, the simplest and strongest response is to say ‘No,’ underscoring the importance of judicial integrity.
Event Presided by Chief Justice
Chief Justice Soumen Sen of the Kerala High Court presided over the function. Other notable attendees who addressed the gathering included:
- Advocate General K Gopalakrishna Kurup
- KHCAA President Peeyus A Kottam
- Advocate Roy Chacko
- Advocate Balaji K Moorthy
The oration highlighted critical constitutional principles and the ongoing need to safeguard judicial independence in India's democratic framework.
