Judges citing ‘divine or bovine intervention’ to write judgments violate oath to Constitution: Justice Rohinton Nariman

In a recent lecture delivered at the KM Bashir Memorial Lecture in Thiruvananthapuram, former Supreme Court Justice Rohinton Fali Nariman critiqued judges who attribute their judicial decisions to “divine or bovine intervention.” He stated such references breach the solemn oath judges take to uphold the Constitution and decide solely based on law. While responding to a question about former CJI D.Y. Chandrachud’s statement that he had prayed for guidance during the Ayodhya/Ram Mandir-Babri Masjid verdict in 2019, Justice Nariman emphasized that invocation of faith or non-legal interventions in judicial reasoning is impermissible.He clarified that while personal morality may guide a judge, judgment must rest strictly upon constitutional and legal principles, not supernatural suggestions. In the lecture, titled “Fraternity in a secular state: the protection of cultural rights and duties,” Justice Nariman reaffirmed secularism as a foundational pillar of the Indian Constitution—a necessary condition for fraternity among citizens. He rejected the notion that secularism was introduced only via the 42nd Amendment, arguing that constitutional text and structure earlier already embedded secular commitments.The speech reflects broader debates over judicial speech, faith, precedent, and the boundaries of judicial expression. Justice Nariman appealed to judges to limit references to “morality” rather than invoking religious or metaphysical forces in judgments.