Former Supreme Court judge Rohinton Nariman has expressed disapproval of judges claiming that their verdicts are shaped by divine intervention. Speaking at the KM Bashir Memorial Lecture organised by the Press Club of Trivandrum on 1 September, Justice Nariman made it clear that any external influence “whether divine or bovine” on judicial decisions would amount to a breach of the oath taken by a judge.
His remarks came in response to a question from the audience regarding former Chief Justices attributing judgments to divine guidance. The query appeared to allude to ex-CJI DY Chandrachud’s statement that he had prayed to God for clarity before the Supreme Court delivered its 2019 ruling in the Ram Mandir–Babri Masjid case.
“If a judge bases a verdict on divine, bovine, or any other intervention, that judge is breaking his constitutional oath,” Justice Nariman emphasised. “Judges must abide strictly by their oath to the Constitution and the law. While they may bring their personal morality into interpretation, it cannot go further than that.”
During his lecture on ‘Fraternity in a Secular State: The Protection of Cultural Rights and Duties’, Nariman highlighted that secularism is fundamental to building fraternity, which he described as a core constitutional value. He stressed that fraternity cannot thrive in a theocratic system.
He further clarified that secularism was not an afterthought inserted into the Constitution through the 42nd Amendment but had always been embedded within its framework. “It’s incorrect to suggest that secularism arrived only with the 42nd Amendment. Its essence was already present,” he noted.
Justice Nariman also spoke about his research into different religious philosophies while working on his recent book, An Ode to Fraternity, which examines the values shared across world religions.
(With inputs from Bar & Bench)
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