Indu Malhotra is a retired judge and senior counsel of the Supreme Court of India. She was the second woman to be designated as senior advocate by the Supreme Court.[3] She was the first woman advocate to be elevated as a judge of the Supreme Court of India directly from the bar.[4] She also authored the third edition of The Law and Practice of Arbitration and Conciliation (2014).[5]
Indu Malhotra | |
|---|---|
 | |
| Judge of the Supreme Court of India | |
| In office 27 April 2018[1] – 13 March 2021 | |
| Nominated by | Dipak Misra |
| Appointed by | Ram Nath Kovind |
| Personal details | |
| Born | 14 March 1956[2] Bangalore, Mysore State, India |
| Alma mater | Campus Law Centre, Faculty of Law, University of Delhi |
Early life and education
Indu Malhotra, the youngest child of Om Prakash Malhotra, a Supreme Court senior advocate and author, and Satya Malhotra, was born in Bangalore on 14 March 1956.[6]
Malhotra attended Carmel Convent School, New Delhi,[7] before studying for a Bachelor of Arts (Hons.), and subsequently Masters, in political science from Lady Shri Ram College, University of Delhi. After obtaining her master's degree, she worked briefly as a lecturer in political science at Miranda House and Vivekananda College, Delhi University.[8]
In 1982 she completed a Bachelor of Laws from the Campus Law Centre of the Faculty of Law, University of Delhi.[8]
Career
Malhotra joined the legal profession in 1983, and was enrolled with the Bar Council of Delhi.[8] In 1988 she qualified as an advocate-on-record in the Supreme Court, and secured the first position in the examination.[8] After serving as legal counsel in the Supreme Court for 30 years, Malhotra was unanimously recommended for appointment as a judge of the Supreme Court.[9] Her appointment was confirmed and ordered by the government on 26 April 2018; she was the first woman judge to be elevated directly from the bar.[10] Malhotra retired on 13 March 2021.[11]
Important cases
Some of the important cases in which Malhotra had appeared are:
- Navtej Singh Johar & Ors. versus Union of India (2018)
- Joseph Shine versus Union of India (2018)
- India Oxygen v. Collector of Central Excise [1998 Suppl. SCC 658]
- Union of India v. Harjeet Singh Sandhu [(2001) 5 SCC 593]
- SBP & Co. v. Patel Engineering Ltd. [(2005) 8 SCC 618]
- Jaya Shah v. Bombay Stock Exchange [(2004) 1 SCC 160]
- Harshad C. Modi v. DLF [(2005) 7 SCC 791]
- Everest Copiers v. State of Tamil Nadu [(1996) 5 SCC 390]
- Khaleel Ahmed Dakhani v. Hatti Gold Mines Co. Ltd. [(2000) 3 SCC 755]
- Harish Verma & Ors. v. Ajay Srivastava [(2003) 8 SCC 69]
- Hindustan Poles Corporation v. Commissioner of Central Excise [(2006) 4 SCC 85]
- R. Kalyani v. Janak C. Mehta & Ors. [(2009) 1 SCC 516]
- Ramesh Kumari v. State (NCT of Delhi)
- Booz Allen Hamilton Inc. v. S.B.I. Home Finance Ltd. & Ors [(2011) 5 SCC 532]
- Yograj Infrastructure Ltd. v. Ssang Yong Engineering & Construction Co. Ltd. [(2011) 9 SCC 735]
- Union of India v. Master Construction Co. [(2011) 12 SCC 349]
- P.R. Shah, Shares and Stock Broker (P) Ltd. v. B.H.H. Securities (P) Ltd. [(2012) 1 SCC 594]
- A.C. Narayanan v. State of Maharashtra [(2013) 11 SCALE 360]
- Pune Municipal Corporation & Another v. Harakchand Misirimal Solanki & Others, [(2014) 3 SCC 183].
Her dissenting note on the majority judgement for allowing women's entry in to the famous Sabari mala temple received wide attention. As the sole women justice on the panel she noted in her dissenting judgement that "what constitutes an essential religious practice is for the religious community to decide" and not a matter that should be decided by the courts. She added that "notions of rationality cannot be invoked in matters of religion by courts".[12][13]
Membership of committees and nominations
Malhotra has been a member of various committees constituted by the Supreme Court from time to time, including the Vishakha Committee.[14]
Publications and academic pursuits
Malhotra has authored a Commentary on the Law and Practice of Arbitration in India, which was released on 7 April 2014 [15] by the Chief Justice of India.[16]
Bibliography
- The Law and Practice of Arbitration and Conciliation: The Arbitration and Conciliation Act (1996)[17]