‘We Cannot Change Our Colour’: Justice Nagarathna Questions Legality of Challenging Past Rulings via PILs

During the Sabarimala reference hearing, Justice B.V. Nagarathna raised critical questions regarding the maintainability of Article 32 petitions that seek to set aside existing Constitution Bench judgments.

Addressing Senior Advocate Raju Ramachandran, the Bench emphasized the need for "judicial discipline," noting that the court cannot "change its colour" by entertaining new writ petitions against established rulings.

Justice Nagarathna expressed concern that disregarding prior Constitution Bench decisions via fresh PILs could create a chaotic precedent.

The court indicated that these procedural "decks" must be cleared before merits are discussed, highlighting the tension between constitutional challenges and judicial consistency.