Who is the Justice Indu Malhota?

Justice Indu Malhotra was a distinguished former judge of the Supreme Court of India. She made history by being the first woman to be elevated directl

Justice Indu Malhotra was a distinguished former judge of the Supreme Court of India. She made history by being the first woman to be elevated directly from the Bar to the Supreme Court, without first serving as a judge in a High Court. This milestone in her career marked a significant moment in the judiciary's history, underscoring the breaking of traditional barriers and promoting gender diversity at the highest levels of India's judicial system.

Who is the Justice Indu Malhota?

Justice Indu Malhotra, a distinguished figure in Indian judiciary, was born on March 14, 1956, in Bangalore. Notably, she made history as the first woman to be directly appointed as a Supreme Court Judge from the bar. Her appointment to the Supreme Court was on April 26, 2018, marking a significant milestone in her illustrious career. She served with distinction until her retirement on March 13, 2021. 

Further showcasing her commitment to upholding justice and integrity, Justice Malhotra was selected as a member of the three-person committee tasked with investigating the allegations of sexual harassment against the former Chief Justice of India, Ranjan Gogoi. Her contributions to the judiciary and her role in pivotal cases have left an indelible mark on India's legal landscape.

Justice Indu Malhotra had a reputable career as an advocate before her elevation to the Supreme Court, with specialization in commercial arbitration and litigation. She was designated as a senior advocate in 2007, a title that is bestowed upon lawyers in India as a mark of their expertise and standing in the legal profession. Her appointment as a senior advocate was itself notable, as she was only the second woman to receive this honor from the Supreme Court of India at the time.

During her tenure at the Supreme Court, which began in April 2018 and concluded upon her retirement in March 2021, Justice Malhotra was part of several significant judgments and panels. One of her most notable contributions was her dissenting opinion in the Sabarimala case (Indian Young Lawyers Association vs The State of Kerala), where the majority judgment allowed women of all ages entry into the Sabarimala Temple in Kerala, overturning the temple's traditional ban on women of menstruating age. Justice Malhotra's dissent emphasized the importance of religious freedom and the need to respect the beliefs and traditions of religious communities.

Justice Malhotra's legal acumen, her impactful judgments, and her contributions to the legal profession have left a lasting legacy. She is celebrated not only for her historic appointment and the barriers she broke but also for her deep commitment to justice, her nuanced understanding of the law, and her advocacy for gender equality within the legal system.

Career Journey of Justice Indu Malhotra

Justice Indu Malhotra's career journey is a remarkable story of dedication, excellence, and groundbreaking achievements in the Indian legal landscape. Her career spans several decades, during which she made significant contributions both as a lawyer and as a judge. 

Early Education and Legal Training

Indu Malhotra completed her schooling in Delhi and pursued her Bachelor's degree in Political Science from Lady Shri Ram College, Delhi University. She then went on to obtain her law degree from the Faculty of Law, Delhi University in 1975 also Master's Degree in Political Science from Delhi University in 1977.

Legal Practice

After completing her legal studies, Indu Malhotra started practicing law in 1983. She developed a specialization in the fields of arbitration and civil law and became known for her expertise in commercial arbitration, both domestic and international.

Over the years, she established herself as a leading lawyer in the Supreme Court of India and was involved in several significant cases.

Making History

In 2007, Indu Malhotra was designated as a senior advocate by the Supreme Court of India, becoming only the second woman to be given this honor. This title is conferred upon lawyers in recognition of their expertise and contributions to the legal profession. It marked a significant achievement in her career, reflecting her standing and respect in the legal community.

Elevation to the Supreme Court

In a historic move, Indu Malhotra was elevated directly from the Bar to the Supreme Court of India in April 2018, becoming the first woman to achieve this feat. Her appointment was significant not only because of the precedent it set but also because of the rich experience and legal acumen she brought to the bench.

Notable Contributions and Retirement

During her tenure at the Supreme Court, Justice Indu Malhotra was part of several landmark judgments. She is perhaps best known for her dissenting opinion in the Sabarimala case, where she underscored the importance of religious freedom and the autonomy of religious denominations to manage their own affairs in matters of religion.

Justice Malhotra retired from the Supreme Court in March 2021, leaving behind a legacy of impactful judgments and contributions to the legal field.

Post-Retirement

Although Justice Malhotra has retired from judicial service, her contributions continue to be cited and discussed within legal circles and beyond. She is often invited to share her insights and perspectives at legal forums, continuing her engagement with the law and its evolution.

Justice Indu Malhotra's career journey is a testament to her exceptional legal mind, her dedication to justice, and her role as a trailblazer for women in the legal profession in India.

Indu malhotra committee

Justice Indu Malhotra was appointed as the head of a committee formed by the Supreme Court of India to investigate the allegations of sexual harassment against the then Chief Justice of India, Ranjan Gogoi, by a former Supreme Court employee. The committee, known as the "In-House Inquiry Committee," also included Justices S.A. Bobde (who later became the Chief Justice of India) and Indira Banerjee.

The formation of the committee was announced in April 2019, following the allegations made by the former employee, which led to a significant controversy and protests from various sections of the legal community and civil society. The committee was tasked with conducting an in-house procedure, which is a mechanism available within the judiciary to address complaints of misconduct against judges.

The proceedings of the In-House Inquiry Committee were conducted in private, and its findings were not made public, adhering to the confidentiality norms associated with such in-house procedures. In May 2019, the committee concluded its inquiry and found no substance in the allegations made against Chief Justice Ranjan Gogoi. The Supreme Court's Secretary-General released a statement indicating that the committee had submitted its report to the next senior judge (Justice S.A. Bobde) following the Chief Justice, stating that the committee found no substance in the allegations.

The handling and outcome of the inquiry drew criticism from various quarters, including sections of the legal community and women's rights activists, for the lack of transparency and the perceived inadequacy of the procedure to address sexual harassment complaints against high-ranking officials within the judiciary. Critics also pointed out the absence of an external member on the committee, as recommended by the Vishaka Guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which some argued could have lent more credibility and impartiality to the investigation process.

Justice Indu Malhotra Judgments

Justice Indu Malhotra has been part of several significant judgments during her tenure as a Supreme Court judge. Her contributions have been noteworthy, addressing a wide range of issues. Here are some of the notable judgments she was involved in:

1. Navtej Singh Johar vs. Union of India (2018)

Although Justice Malhotra did not pen a separate judgment in this landmark case, which decriminalized consensual homosexual acts among adults by reading down Section 377 of the Indian Penal Code, she was part of the unanimous bench that made this transformative decision. This judgment is celebrated for upholding the rights to privacy, dignity, and freedom of expression.

Read this case study: Navtej Singh Johar v. Union of India: Decriminalized Homosexuality

2. Joseph Shine vs. Union of India (2018)

The Joseph Shine vs. Union of India case of 2018 is a landmark judgment delivered by the Supreme Court of India that decriminalized adultery. In this case, Section 497 of the Indian Penal Code (IPC), which criminalized adultery, was challenged on the grounds that it discriminated against men by holding them liable for the offense of adultery, without making a corresponding provision for women. Additionally, it was argued that the provision treated women as property of their husbands, thus violating the dignity of women and Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.

3. Indian Young Lawyers Association vs. The State of Kerala (Sabarimala Case) (2018)

Justice Malhotra was the sole dissenting voice in the landmark judgment allowing women of all ages entry into the Sabarimala Temple. She emphasized the importance of religious freedom and opined that issues of deep religious sentiments should not be interfered with by the Court. Her dissent underscored the principle of non-interference in religious practices and the autonomy of religious denominations to manage their affairs.

4. Arjun Gopal and Ors. vs. Union of India and Ors. (Firecracker Ban Case)

In this case, Justice Malhotra was part of the bench that sought to strike a balance between the right to public health and the right to carry on trade or business. The Court issued comprehensive directions to regulate the sale and use of firecrackers to prevent air pollution, demonstrating a nuanced approach to environmental concerns and traditional practices.

5. Chairman, Board of Directors, Bangalore Development Authority vs. M.K. Vijaya Shankar (2019)

Justice Malhotra authored the judgment in this case, which dealt with the interpretation of the Karnataka Development Act, 1976. The judgment clarified legal principles related to the acquisition of land and compensation to landowners, emphasizing the importance of fair procedure and compensation in land acquisition cases.

6. Transfer of Property Cases

Justice Malhotra has also made significant contributions in cases involving the Transfer of Property Act, providing clarity on various aspects of property law, which are crucial for the real estate sector and property transactions.

Justice Indu Malhotra’s judgments often reflect her deep understanding of the law, her empathy towards societal issues, and her commitment to justice. Through her notable judgments, she has left a lasting impact on Indian jurisprudence, particularly in the areas of individual rights, environmental law, and property law.