Journalism of Courage
Justice B V Nagarathna, who penned the sole dissent in the 4:1 judgment on demonetisation delivered by the Supreme Court on Monday, is in line to become the first woman Chief Justice of India.
The junior-most of the five judge Constitution Bench that considered the November 2016 demonetisation decision by the government, Nagarathna held that the Reserve Bank of India did not show any independent application of mind on the matter. “The use of the words / phrases such as, “as desired” by the Central Government; Government had “recommended” the withdrawal of the legal tender of existing Rs 500/- and Rs 1,000/- notes; recommendation has been “obtained”; etc., are self-explanatory. This demonstrates that there was no independent application of mind by the Bank. Neither was there any time for the Bank to apply its mind to such a serious issue. This observation is being made having regard to the fact that the entire exercise of demonetisation of all series of bank notes of Rs 500/- and Rs 1,000/- was carried out in 24 hours,” Justice Nagarathna said, in one of her first major verdicts since she was appointed to the Supreme Court.
The other members of the Bench that delivered the verdict on demonetisation are Justices Abdul Nazeer, B R Gavai, A S Bopanna and V Ramasubramanium.
The daughter of Justice E S Venkataramiah, who was Chief Justice of India for around six months in 1989, Justice Nagarathna began her practice in Bengaluru and became additional judge of the Karnataka High Court in 2008. In 2010, she was elevated as permanent judge of the court.
As per the order of seniority, Justice Nagarathna is in reckoning to be the Chief Justice of India for over a month in 2027.
