Rohinton Nariman

Rohinton Nariman

Retired Judge of the Supreme Court of India

Assumed Office7th Jul, 2014

Retired On12th Aug, 2021

Previously

Solicitor General of IndiaJuly 27th 2011- February 4th 2013.

Age: 65

Tracked Cases: 10

Education

Bachelors in Commerce (B. Comm)Shri Ram College of Commerce, Delhi

L.L. B.Faculty of Law, University of Delhi

L.L.M. Harvard Law School

Profile

Notable Judgments

Nariman J led the Division bench that upheld the validity of the Insolvency and Bankruptcy Code in Swiss Ribbons Pvt Ltd v Union of India. It was held that there is an intelligible differentia between financial creditors and operational creditors, as with the former the release of liquidity would infuse capital in the economy to spur to further lending. Nariman J also observed that the enactment of the Code significantly reduced defaults and bad debt.

 

In Justice K.S. Puttaswamy v Union of India, Nariman J was on the nine judge Supreme Court bench which unanimously declared privacy as a fundamental right. The bench held that privacy is integral to the right to life with dignity under Article 21 of the Constitution.

 

A five judge bench, in Shayara Bano v Union of India,  declared triple talaq void, illegal and unconstitutional. Nariman J, along with Justices Kurian Joseph and UU Lalit,  struck down the practice through the majority judgment. Nariman J affirmed that manifest arbitrariness can be grounds for striking down a law.

 

In Shreya Singhal v Union of India, Nariman J declared Section 66A of the Information Technology Act, 2000 unconstitutional for being ‘open-ended, undefined and vague’. Section 66A empowered the police to arrest anyone accused of posting electronic messages that cause annoyance or inconvenience.

 

Justice Nariman held in Mohd. Arif v The Registrar, Supreme Court Of India that a review of a convict’s death penalty should be heard in open court by a bench of at least 3 judges. Previously, all review petitions were decided in chambers without the presence of advocates.