Justice Indira Banerjee: The Judge & Her Jurisprudence
Live LawOn 23rd September 2022, Justice Indira Banerjee has bid adieu to the Supreme Court of India by taking retirement from judgeship. While speaking for the Constitution Bench, Justice Banerjee held that Section 13 of the Chhattisgarh Rent Control Act, 2011, is unconstitutional as the State Legislature lacked legislative competence to enact a provision providing direct appeal to Supreme Court of India. In a judgment rendered last week, the Constitution Bench headed by Justice Banerjee concluded that a judgment delivered by a larger Bench will prevail irrespective of the number of Judges constituting the majority. Differing from the reasoning handed down by Justice Banumathi, Justice Banerjee held, "In my view, a Family Court having jurisdiction is to be deemed to be the Court of a Magistrate, for the purpose of deciding the claim of a divorced Muslim Woman to maintenance, on a harmonious conjoint reading and construction of Sections 7 and 8 of the Family Courts Act with Sections 3, 3, 4, 4, 5 and 7 of the 1986 Act for Muslim Women, in the light of the overriding provision of Section 20 of the Family Courts Act." Speaking for the Bench, Justice Banerjee referred to Article 300A of the Constitution and observed, "The right to property may not be a fundamental right any longer, but it is still a constitutional right under Article 300A and a human right as observed by this Court in Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel and Others.