‘I Will Miss Hindustan’: Justice Dhulia on the Supreme Court’s Diversity in Farewell Address

New Delhi – In a poignant and reflective farewell address, Supreme Court Justice Sudhanshu Dhulia described the Apex Court as the true embodiment of "Hindustan," a place where the nation’s vast diversity converges daily in the pursuit of justice. Speaking at a ceremonial bench on his final working day, the retiring judge lauded the unique character of the Court and the invaluable perspective he gained from the Bar.

Justice Dhulia, who will officially demit office on August 9, shared a deeply personal anecdote that encapsulated his feelings. "In the morning, my wife asked what it is that you will miss the most - I said I will miss HINDUSTAN," he recalled. "She thought I'm probably already losing my marbles."

He then elaborated on the profound meaning behind his statement, directing his words to the assembled members of the legal fraternity. "By 'Hindustan' I mean YOU (The Supreme Court Bar). It is perhaps the only Court where cases come from all corners of the country, all states and parts of the country. Lawyers come here from all parts of the country, and this is what I am going to miss the most: that I will not have this Hindustan before me every morning."

His address underscored a judicial philosophy rooted in inclusivity and an appreciation for the pluralistic fabric of India, themes that were also evident in some of his notable judgments during his relatively brief but impactful tenure.

A Lesson in Perspective: The Maugham Analogy

To articulate the intellectual enrichment he experienced on the bench, Justice Dhulia drew a powerful analogy from Somerset Maugham’s 1915 novel, Of Human Bondage . He recounted the story of the protagonist, Philip, who studies art in Paris. Upon returning home, when asked what he learned, Philip replies that he "learned to look at a tree." When his uncle dismisses this, Philip clarifies, "...but I can look at a tree against the background of the sky."

Applying this to his judicial experience, Justice Dhulia explained how the arguments presented by lawyers expanded his own understanding of the law and facts. "It was that, what I saw in your arguments," he told the Bar. "You had said something that I did not visualise before, which is the best gain I had." This metaphor highlights the symbiotic relationship between the Bench and the Bar, where advocacy does not merely present facts but offers new frameworks for seeing and interpreting the law, thereby shaping judicial outcomes.

Tributes from the Bar and Bench

The ceremonial bench, presided over by Chief Justice of India (CJI) B.R. Gavai, saw an outpouring of admiration for the outgoing judge. CJI Gavai praised Justice Dhulia's judicial temperament and intellectual depth. "His judgments reflect quiet conviction, not superficial reasoning," the CJI remarked. "He has always been a source of wisdom for his colleagues."

CJI Gavai also shared personal insights, noting Justice Dhulia's love for literature, theatre, and golf, and fondly recalling how he would often gift his colleagues books. "We are grateful for your contribution and look forward to spending more time together in Delhi post-November 24," he added.

Attorney General R. Venkataramani commended Justice Dhulia for his empathetic approach. "Justice Dhulia always gave us our day in court," the AG stated. "He saw the human element in every case, and that is something we will always remember."

Solicitor General Tushar Mehta echoed these sentiments, praising the judge's impartiality and open-mindedness. "He never had pre-decided notions and had a deep interest in literature and Urdu ghazals. Yet, he never let personal preferences interfere with his judicial function," Mr. Mehta said.

A Distinguished Legal Lineage and Career

Justice Dhulia’s journey in law is marked by a rich family history of public service. Born on August 10, 1960, his grandfather was a noted freedom fighter, his father served as a judge of the Allahabad High Court, and his mother was an academic.

He began his legal practice at the Allahabad High Court in 1986. Following the creation of Uttarakhand in 2000, he shifted his practice to the new state's High Court, where he was designated a Senior Advocate in 2004. He was elevated to the bench as a judge of the Uttarakhand High Court in November 2008. In January 2021, he was appointed Chief Justice of the Gauhati High Court, where he served until his elevation to the Supreme Court on May 9, 2022.

Notable Judgments and Judicial Philosophy

Though his tenure at the Supreme Court spanned just over two years, Justice Dhulia authored and was part of several significant judgments that reflected his commitment to constitutional principles and individual rights.

His most widely discussed opinion was his dissent in the landmark Karnataka Hijab case ( Aishat Shifa v. State of Karnataka ). In a split verdict, Justice Dhulia set aside the Karnataka High Court's ruling and the state government's ban on the hijab in educational institutions. He argued that the primary concern should be the education of the girl child and that denying her entry for wearing a religious scarf was a disproportionate response. His judgment emphasized choice, privacy, and the importance of promoting diversity within schools.

In another notable judgment, he held that Urdu, as a language with deep roots in the subcontinent, could not be treated as "alien to India." Furthermore, his bench passed a crucial interim direction to the Election Commission of India (ECI) to consider Aadhaar cards, ration cards, and voter cards as valid identity proofs during the Bihar Socio-Economic Caste Census (SIR) process, ensuring wider participation.

Justice Dhulia's farewell marks the departure of a judge known for his quiet conviction, literary sensibility, and a profound appreciation for the diversity that he saw as the very essence of the Supreme Court and of "Hindustan" itself. His reflections serve as a powerful reminder of the Apex Court's role not just as a final arbiter of law, but as a national institution where the many voices of India are heard.