Justice L. Nageswara Rao's Six Years At The Bench - An Extensive Tenure Marked By Notable Interventions

As Justice L. Nageswara Rao is set to retire on 7th June, after 6 years of tenure as a Judge of the Supreme Court, we look back at some of his crucial interventions during his stint at the Apex Court. Before assuming office on 13th May, 2016, he was a Senior Advocate of the Andhra Pradesh High Court. He was designated as a Senior in 2000, prior to which he practiced in the Andhra Pradesh District Courts, Guntur since his enrolment in 1982 and thereafter before the Andhra Pradesh High Court. He also served as the Additional Solicitor General of India from August, 2003 to May, 2004 and again from August, 2013 to December, 2014. As a Senior Advocate, he defended former CM of Tamil Nadu, Jayalalitha in the famous Disproportionate Assets case, before the Karnataka High Court, wherein she was acquitted of all charges. On behalf of the State of Tamil Nadu, he had argued that NEET cannot be imposed as the Madras High Court had upheld the State Law reserving 85% seats and admission based on the marks obtained in class XII. As a judge, when the challenge to the ordinance on the NEET was listed before a Bench wherein he was a member, Justice Rao had recused, citing his appearance as a Counsel for the State of Tamil Nadu in the matter. In 2014, when the Supreme Court constituted the Mudgal Committee headed by Justice Mukul Mudgal, retired Chief Justice of Punjab & Haryana High Court, for conducting an independent inquiry into allegations of corruption, betting and spot fixing into the 6th edition of the Indian Premier League, he was appointed as a member. In 2020, when the matter pertaining to the extension of tenure of the President and Secretary of BCCI, was listed before his Bench, an application was filed seeking Justice Rao's recusal for his association with the Mudgal Committee as a lawyer. He was the seventh person to be elevated directly from the Bar to the Apex Court in exercise of Article 124 (3)(b) of the Constitution of India, 1950. After Justice Rohinton Nariman retired in August, 2021, Justice Rao joined the collegium as its Fifth judge. In his extensive career, quite evidently, he has worn many hats. Recently, we witnessed the cricketing prowess of this former Ranji-Trophy player from Andhra Pradesh, when under his captaincy the Supreme Court Judges' Cricket Team, CJI-IX triumphed over that of the Supreme Court Bar Association, SCBA IX in a friendly T20 cricket match. Interestingly, his enthusiasm for sports is not limited to the field, but extends to his courtroom. In a plea to declare physical literacy a fundamental right under Article 21A, a Bench led by him, has shown great impetus to 'kickstart the campaign'. Justice Rao has also been seen donning the role of a mentor. On several occasions, he had encouraged young advocates to grab the opportunity to argue instead of seeking adjournment on behalf of their seniors. In this regard, juniors have been asked to argue with an assurance that adverse orders would not be passed against their clients. Frequently, he had been sympathetic towards juniors who had inadvertently deviated from the conventions of the Apex Court. Once, when a junior sought passover appraising the Bench presided by him that his senior was on his legs before the National Green Tribunal (NGT), he had politely remarked - "You have said this here, it is fine. But do not say this before some other Bench of this Court, that you seek passover because your senior is before NGT." He has often advised lawyers to not bypass fora and emphasised on approaching the Supreme Court only after exhausting all other remedies available to them. Reckoning that Public Interest Litigations are important to raise voices of the people in a democracy, in recent hearings, he has cautioned lawyers from entering into misadventures in the guise of PIL. With a wide-portfolio, his tenure is marked by several notable interventions. With the MC Mehta and T.N. Godavarman batch petitions before him, Justice Rao had the opportunity to deal with varied environmental concerns. His intervention at the behest of the marginalised community can be seen in the recent order passed by his Bench critical of the Telangana Government cancelling 19 Lakh Ration Cards even before conducting field verification; or in issuing notice in the plea by gig workers seeking declaration that they are workmen in the classical sense of the term. Another instance, in recent times, is the extension of status quo order on Jahangirpuri Demolitions. It was a Bench led by Justice Rao which had refused to interfere with the extension of the tenure of the Director of Enforcement Direction, Sanjay Kumar Mishra. In another significant judgment, heard by his Bench and authored by Justice B.R. Gavai, direction was issued to the Madhya Pradesh High Court to reinstate a women Additional District and Sessions Judge who was constrained to resign after raising sexual ...

Justice L. Nageswara Rao's Six Years At The Bench - An Extensive Tenure Marked By Notable Interventions

Sohini Chowdhury

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