Indira Banerjee: Former Justice of the Supreme Court

Justice Indira Banerjee was born on September 24, 1957 in Kolkata, West Bengal. She attended Kolkata's Loreto House for her formal education. She completed her higher education at the University of Calcutta's Department of Law and the Presidency College in Kolkata. She began representing clients before the Calcutta High Court on July 5, 1985, after enrolling as an advocate.


Justice Sarv Mittra Sikri began his career during the following time period:

  • On 5 February 2002, Indira Banerjee was appointed a permanent judge of the Calcutta High Court. As of 8 August 2016, she was moved to the Delhi High Court.

  • On 5 April 2017, she was appointed Chief Justice of the Madras High Court and took office.

  • She is the second woman to serve as chief justice of the High Court, following Justice Kanta Kumari Bhatnagar, who presided over the Court from June to November 1992.

  • On August 7th, 2018, she was appointed a judge of the Indian Supreme Court. She left her job on September 23, 2022.

Notable Judgment

The notable judgments are:

Sushila Aggarwal vs. State (NCT of Delhi) ((2020) SCC ONLINE SC 98)

In the instance case, a six judges bench explained that Section 438 of the Code of Criminal Procedure, 1973 does not place a time restriction on when a person may apply for anticipatory bail. In a concurring opinion, Banerjee J noted that when an accused person is called to court, the protection does not immediately end. The Court is free to set reasonable requirements for anticipatory bail.

Dattatraya vs. State of Maharashtra ((2019) SCC ONLINE SC 11)

The three-judge bench's unanimous opinion was written by Banerjee J. A lack of premeditation led to the appellant's death sentence being commuted to life in prison. The appellant was charged with killing a little child. Justice Banerjee emphasized that the accused had had insufficient legal representation, pointing out the absence of a social worker's help and the failure to attempt to document the mitigating circumstances. She also pointed out that when the trial court handed down the death sentence, it did not take the issue of reform into account.

Rajendra Diwan vs. Pradeep Kumar Ranibala (2019 SCC OnLine SC 1586)

The Chhattisgarh Rent Control Act, 2011, Section 13(2), was ruled illegal by a five-judge bench owing to ineffective legislative action. The unanimous decision was written by Banerjee J. According to her, the Supreme Court's appellate authority was improperly granted to it by the State Legislative Assembly. This ruling mandated that an appeal be reviewed by the Supreme Court even when the Rent Controller and Rent Control Tribunal agreed with each other's judgments. Asserting that it would be ineffective to permit direct appeals to the Supreme Court, Justice Banerjee pointed out that the High Courts have supervisory power over tribunals.

Fact Detail
NameIndira Banerjee
Date of Birth24th September 1957
Alma MaterPresidency University, Kolkata (LL.B) University of Calcutta
Official Tenure7th August, 2018 – 23rd September, 2022
PresidentRam Nath Kovind
NominatedDipak Misra
As Judge
Chief Justice of Madras High Court

Judge of the Delhi High Court

Judge of the Calcutta High Court

Judge of the Supreme Court of India

Before Retirement

Justice Sarita Banerjee left the Supreme Court of India on September 23, 2022. She conducted an interview with Bar and Bench a few days after she retired. She discussed the challenges women in the legal field have since they must balance a job with the responsibility of providing for their children.

Likewise, one aspect of Justice Indira Banerjee's time as a Supreme Court justice was her preference for quality over quantity. Even though she didn't often speak during the sessions, every now and then she would ask sharp questions that would leave the attorneys who were there looking for answers. According to her, equitable treatment is a key component of equality, whereas empowerment refers to giving women more influence. It is the authority to make decisions about one's own life within the bounds of the law. It considers taking constructive steps to stop prejudice.


Q1. How many High Courts, Justice Indira Banerjee served before her appointment as a justice of the Supreme Court?

Ans. Before her appointment as the justice of the supreme court of India, Justice Banerjee served three High Courts. First time, she was appointed a permanent Judge of the Calcutta High Court on 5 February 2002 and on 8 August 2016, she moved to the Delhi High Court. On 5 April, 2017, she was elevated as the Chief Justice of the Madras High Court.

Q2. Who has appointed Justice Indira Banerjee as a judge of the supreme court of India?

Ans. After the recommendation of former chief justice of India Dipak Misra, President Ram Nath Kovind has appointed her as a judge of the supreme court.

Updated on: 27-Jan-2023


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