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

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.