Justice Hima Kohli: Notable Judgments

Share on:

Justice Hima Kohli bid farewell to the Supreme Court (SC) on August 30, 2024, her last working day as a judge of the top court. She served at the Supreme Court for a tenure of 3 years making September 01, 2024 (Sunday), the day of retirement. On August 30, 2024, a ceremonial bench was organized by the SC in honor of Justice Hima Kohli where her peers described her as a ‘fierce protector of women’s rights’. While praising Justice Kohli, Chief Justice of India (CJI) DY Chandrachud said, “It has been a pleasure to sit with Justice Kohli. We have exchanged very serious ideas and thoughts. There have been times when she supported me. Hima, you are not just a woman judge but also a fierce protector of the rights of women.” He added, “We age in the process, learn our own biases, and hopefully become wiser. Only a few of us remember being young and lost in the crowd. I think Hima has that ability to feel what it’s like. She has provided institutional support to women entering this profession.” 

Speaking at the farewell function, Justice Kohli said, “I shall not hang my boots or store my sandals. I was asked if I am retiring or re-attiring. It didn't take me a moment to say that I am re-attiring. This only means that the blacks, the whites, and the greys will no longer take up all the space in my wardrobe. In my next phase of life, I will try and re-attire myself in different colors. So work, but make more time for family and friends.” During the ceremony, Supreme Court judges, Attorney General R Venkataramani, Solicitor General Tushar Mehta, Supreme Court Bar Association President Kapil Sibal, and others expressed their admiration for Justice Kohli’s compassionate nature. With her retirement, the top court now only has 2 women judges, Justice BV Nagarathna and Justice Bela M Trivedi. Justice Hima Kohli has made significant contributions to the legal landscape through her tenure as a top court judge. She played a crucial role in delivering various notable judgments, either by being a member of the bench in a case or authoring a judgment. Before delving into certain remarkable works of Justice Kohli where she has been an important member of the bench, let us know about her career.

Justice Hima Kohli enrolled with the Bar Council of Delhi in 1984 and practiced law there acting as a counsel for the New Delhi Municipal Council between 1999 and 2004. She was also appointed as a legal advisor to various Delhi and Central Government bodies, such as the Delhi Pollution Control Committee, the National Agricultural Cooperative Marketing Federation of India, and the National Cooperative Development Corporation. On May 29, 2006, Justice Kohli was appointed as an additional judge of the Delhi High Court, and on August 29, 2007, her appointment was made permanent. During her tenure on the Delhi HC, she made remarkable progress in her career by writing various judgments and heading a judicial committee that monitored the Delhi Government's response to the COVID-19 pandemic in India. Further, on January 07, 2021, she was appointed the Chief Justice of the Telangana High Court. On August 26, 2021, Justice Kohli was elevated as a judge of the Supreme Court and took oath on August 31, 2021. During her tenure at the top court, she authored 40 verdicts and was part of benches that delivered judgments in approximately 208 cases. Let us explore some of the important rulings where Justice Hima Kohli was a part of the Supreme Court Bench.

Notable Judgments

Legislative and Executive powers over Services of Delhi Government

Judgment Name: Government of NCT of Delhi vs. Union of India (May 11, 2023)

The Constitution bench was considering a question “whether the Delhi Government has legislative and executive powers over services or not.” The bench held that the Delhi government has control over the civil servants and day-to-day administration of the NCT of Delhi except for matters related to police, land, and public order. The main points of the judgment include:

• “NCTD is not similar to other Union Territories – By virtue of Article 239AA, NCTD is accorded a ‘sui generis’ status, setting it apart from other Union Territories.
• NCTD, similar to other States, also represents the representative form of government. The involvement of the Union of India in the administration of NCTD is limited by constitutional provisions, and any further expansion would be contrary to the constitutional scheme of governance.
• The executive power of NCTD is co-extensive with its legislative power, that is, it shall extend to all matters with respect to which it has the power to legislate.
• The exercise of rule-making power under the proviso to Article 309 does not oust the legislative power of the appropriate authority to make laws over Entry 41 of the State List.”

Legal Recognition for Same-sex Marriages

Judgment Name: Supriyo @ Supriya Chakraborty vs. Union of India (October 17, 2023)

The five-judge bench of the apex court, with a majority ratio of 3:2, held that non-heterosexual couples cannot claim an unqualified right to marry. All five judges agreed to the fact that ‘homosexuality is not urban or elite’ but disagreed on the point of whether to give the legal status of civil union or marriage to queer couples. The majority opinion in this case included Justice Hima Kohli and emphasized the importance of upholding the principles of equality and non-discrimination enshrined in Article 15 of the Constitution. 

Patanjali Ayurved-Misleading Advertisement Case

Judgment Name: In Re: Patanjali Ayurved Limited Through its Managing Director Acharya Balkrishna and Baba Ramdev (August 13, 2024)

In this case, the apex court initiated contempt proceedings against Patanjali Ayurved, its Managing Director (MD) Acharya Balkrishna, and co-founder Baba Ramdev over the publication of misleading medical advertisements. In the series of hearings, the two-judge bench led by Justice Hima Kohli criticized Patanjali Ayurved’s MD and Baba Ramdev for the company’s misleading medical advertisements. It also came down heavily on them concerning the breach of the undertaking given to the court that they would not publish such advertisements. The bench closed the contempt proceedings and said, “Given the attendant facts and circumstances of the case and the effort made by the proposed contemnors to absolve themselves of acts that amounted to breach of undertakings given to this Court, we are inclined to accept the apology tendered by them and close the matter.” Moreover, the SC observed, “...the initial conduct of the proposed contemnors prior to their tendering an apology to the Court showed that the same was in violation of the undertakings given to this Court, subsequent thereto after they tendered an unqualified apology to this Court, efforts have been made by them to take steps to make amends…”

Apart from these judgments, Justice Hima Kohli was also a member of the SC bench in the Aureliano Fernandes vs. State of Goa and Others (May 12, 2023), Subhash Desai vs. Principal Secretary, Governor of Maharashtra & Ors. (May 11, 2023), and others. She is renowned for her judicious approach and commitment to upholding the rule of law which is clearly visible through her verdicts.