Ink, Not Sand: Judgments Must Not Be Tossed With Change of Judge
Ink, Not Sand: Judgments Must Not Be Tossed With Change of Judge
A top Indian judge urges that verdicts be anchored in time, not overturned when judges change, highlighting true judicial independence at a major convention.
At an international convention on the Independence of the Judiciary held at OP Jindal Global University in Sonipat, Justice BV Nagarathna underscored a simple principle: judgments are written in ink, not sand, and should not be tossed out merely because the authoring judge has retired. She stressed that the judiciary is a cornerstone of governance and that the legal system must respect verdicts even as it remains open to lawful objections through established channels. The message, she said, is that continuity and stability in law matter deeply for citizens who rely on rulings to guide rights, duties, and public policy.
Justice Nagarathna noted that recent trends show other benches overturning earlier decisions, a practice that can undermine confidence in the judicial process. She reminded attendees that the system's strength lies in upholding precedents unless there is a robust legal basis to revisit them. With rules widening access to standing and a broad spectrum of remedies, courts are asked to adjudicate a range of governance questions, from environmental policy to corporate insolvency, without eroding the integrity of earlier judgments.
Context for her remarks included recent high-profile developments where benches recalled or modified orders, including the reconsideration of environmental clearances and high-stakes corporate cases. She argued that while reviews are a legitimate part of judicial practice, they should be pursued with care to avoid the perception that changes on the bench erase the work of earlier judges. The aim is to keep judgments anchored in time, holding their place in law as cases evolve through lawful procedures.
Beyond procedure, she emphasized personal conduct and political insulation as vital to protecting judicial independence. The judiciary must act with conviction, courage, and independence, she said, adding that the governance framework has a duty to respect what a court has decided while ensuring accountability through appropriate legal channels. Her call reinforced a broader vision of a judiciary that remains stable yet responsive to legitimate legal challenges.
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