Independent exercise of judicial power not only prerogative but also duty Justice BV Nagarathna

Chennai, Nov 17 (PTI) Independent exercise of judicial power was not only a judge's prerogative but also a duty and it was therefore important that judges decide matters based on their own appreciation of the law and as per their conscience, unfettered by other views, Justice B V Nagarathna, Judge of the Supreme Court has said.
    Delivering the Justice S Natarajan Centenary Commemoration lecture here on Saturday, Justice Nagarathna, furthermore said that it was ultimately conviction, courage and independence of judges which decide matters before a court of law.
    She said: "From the aspect of judicial independence within the court system, separate opinions or dissenting opinions must be seen as an expression of mutual independence of the judges, i.e., independence of a judge from other judges. This is independence of the judiciary in its most enlightened form."
    She noted that she and Justice Bela M Trivedi had dissented on Constitutional bench matters. Her lecture was on the theme of "Checks and Balances under the Indian Constitution through a Looking Glass."
    Also, she said only an independent and impartial judiciary can effectively exercise its power of judicial review.
    Judicial independence is the degree to which a judge decides cases consistent with his/her own interpretation of the law, sometimes, in opposition to what others think or desire in like matters.
    On Justice Natarajan (former Supreme Court Judge) , she said he demonstrated his legal acumen and deep wisdom in his judgments and by way of his contributions to the salient fourteen Constitution Benches he was a member of. His commitment to law as a tool for justice and respect for the Constitution shone in his judgment in Begum Subanu alias Saira Banu and Another vs A M Abdul Gafoor, (1987).
    Justice Natarajan held that the right of a Muslim husband to a polygamous marriage cannot act as a bar on operation of Section 125 of the CrPC 1973.
    Justice P Sathasivam, former Chief Justice of India, former judges of the apex court, sitting and retired judges of the Madras High Court, Advocate General, P S Raman and members of the bar took part.

(This story has not been edited by THE WEEK and is auto-generated from PTI)