Separation of powers the bedrock of constitutionalism: Justice B V Nagarathna

Kochi: Supreme Court judge Justice B V Nagarathna, on Tuesday, said that the separation of powers forms the bedrock of constitutionalism, ensuring that the executive does not adjudicate, the judiciary does not administer and the legislature does not execute. Where these lines are respected, constitutionalism survives; where they blur, arbitrariness prevails, she said.Justice Nagarathna was delivering the Justice T S Krishnamoorthy Iyer Memorial Oration on the theme ‘Transformative Constitutionalism and the Basic Structure Doctrine: A Dialogue' at a function organised by the Kerala High Court Advocates' Association (KHCAA) along with the family and well-wishers of Justice Iyer at the high court auditorium.Referring to a 2024 decision of the apex court in ‘Re: Directions in the Matter of Demolition of Structures', she said SC had reaffirmed the principle of separation of powers while dealing with the practice of demolishing houses by executive authorities merely because the occupants were accused of wrongdoing. Determining guilt, she emphasised, is a judicial function that requires adjudication, evidence and adherence to due process. If the executive demolishes a citizen's home solely on the basis of an accusation — without trial, without findings and without following legally prescribed procedures — it effectively assumes the role of a judge. That collapses the constitutional scheme, she observed.Justice Nagarathna further stressed that judges must remain true to their oath of office, which she described as their judicial dharma, irrespective of the consequences for their careers. "We, the judges, should unite for the cause of justice, for we have nothing to lose except our independence; and once we lose our independence, we cease to be judges," she said, adding that in the face of temptations, the simplest and strongest response is to say ‘No'.Chief Justice Soumen Sen of the Kerala high court presided over the function. Advocate general K Gopalakrishna Kurup, KHCAA president Peeyus A Kottam, Adv Roy Chacko and Balaji K Moorthy also addressed the gathering.