Justice Manoj Misra (born 2 June 1965) is an Indian jurist serving as a judge of the Supreme Court of India since his elevation on 11 February 2023.[1][2]
He graduated with a law degree from the University of Allahabad in 1988 and was enrolled as an advocate on 12 December 1988, practicing for over two decades at the Allahabad High Court in civil, revenue, criminal, and constitutional matters.[1][3]
Appointed as an additional judge of the Allahabad High Court on 22 September 2011 and confirmed as a permanent judge on 21 September 2013, Misra has familial ties to the legal profession, with both his grandfather and father having been prominent lawyers at the same high court.[1][4]
Since joining the Supreme Court, he has participated in over 500 decisions, including more than 40 constitution bench matters, with a focus on criminal law and constitutional issues, and has authored 35 judgments as of mid-2025.[3][5]
Early life and education
Family background and formative years
Justice Manoj Misra was born on 2 June 1965 in Uttar Pradesh, India. He was raised in a family with deep roots in the legal profession, as both his grandfather and father, Pratap Narain Misra, were prominent lawyers practicing at the Allahabad High Court.[4][6] This positioned Misra as a third-generation lawyer, with additional family members including his uncle Ajay Misra and brother Apul Misra also engaged in legal practice.[6][4]His formative years unfolded in this milieu of judicial and advocacy traditions centered around Allahabad, fostering an early immersion in legal principles and court proceedings. Public records provide limited specifics on his pre-university schooling or personal anecdotes from childhood, but the familial emphasis on law evidently directed his academic pursuits toward jurisprudence.[4][7]
Legal training and bar enrollment
Manoj Misra obtained his Bachelor of Laws (LL.B.) degree from the University of Allahabad in 1988.[2][8] He enrolled as an advocate with the Bar Council of Uttar Pradesh on December 12, 1988, shortly after completing his legal education.[2][9]His legal training at Allahabad University, a prominent institution for legal studies in India, provided foundational knowledge in civil, constitutional, and revenue law, areas that would later define his practice.[10] Enrollment at the bar enabled him to commence independent practice, aligning with the requirements under the Advocates Act, 1961, which mandates a recognized law degree for bar admission.[3] These steps marked the formal entry into his 23-year advocacy career at the Allahabad High Court before his judicial elevation.[11]
Legal practice
Advocacy at Allahabad High Court
Misra enrolled as an advocate with the Bar Council on December 12, 1988, immediately after graduating in law from the University of Allahabad.[1][12] He established his practice at the Allahabad High Court, focusing on civil, revenue, criminal, and constitutional matters.[2][13]Over the ensuing 23 years, Misra appeared in cases spanning these diverse legal domains, contributing to the court's docket in both original and appellate proceedings.[1][12] His tenure as an advocate culminated in his designation as an Additional Judge of the Allahabad High Court on November 21, 2011, reflecting the standard progression for experienced practitioners in India's judicial system.[2][9]
Areas of specialization and professional experience
Manoj Misra, after graduating in law from the University of Allahabad in 1988, enrolled as an advocate with the Bar Council on December 12, 1988.[12] He commenced his legal practice at the Allahabad High Court, focusing on a broad range of matters including civil, revenue, criminal, and constitutional law.[2][8] This generalist approach encompassed advocacy across the court's principal benches, handling cases that spanned disputes over property rights, land revenue administration, penal offenses, and challenges to governmental actions under the Indian Constitution.[10]Over 23 years, from 1988 until his elevation to the bench in November 2011, Misra built a reputation for competence in these domains without evident narrow specialization in any single area, as reflected in his docket of civil suits, revenue appeals, criminal trials, and writ petitions.[9] His professional experience emphasized courtroom argumentation and legal interpretation in high-stakes litigation typical of a high court setting, contributing to his eventual designation as a senior advocate.[8]
Judicial career
Tenure as judge of Allahabad High Court
Manoj Misra was appointed as an Additional Judge of the Allahabad High Court on November 21, 2011, following over two decades of practice at the same court in civil, revenue, criminal, and constitutional matters. [2][1] He took oath as a Permanent Judge on August 6, 2013, after serving approximately two years in the additional capacity. [12][14]During his tenure, which spanned until his elevation to the Supreme Court of India on February 6, 2023, Misra participated in benches addressing a range of disputes, including procedural fairness in criminal trials and regulatory powers over industrial activities. [15][2] His judicial output included rulings on examination irregularities in teacher recruitment processes, emphasizing accountability in public examinations. [5] No administrative positions, such as acting chief justice, are recorded during this period. [16]
Elevation to Supreme Court of India
The Supreme Court Collegium recommended Justice Manoj Misra, a judge of the Allahabad High Court, for elevation to the Supreme Court of India on 13 December 2022, as part of a batch of five High Court judges proposed for appointment.[17][2] This recommendation followed the Collegium's assessment of seniority, merit, and integrity, with Misra being the senior-most eligible judge from the Allahabad High Court at the time.[2]The Union Government initially delayed processing the Collegium's recommendations, leading to observations from a Supreme Court bench on the need for timely appointments on 3 February 2023.[18] The Centre cleared the names, and the Department of Justice issued the warrant of appointment for Misra on 4 February 2023.[16] He took oath as a Supreme Court judge on 6 February 2023, administered by Chief Justice D.Y. Chandrachud, alongside the other four appointees.[19]Misra's elevation addressed representation from the Allahabad High Court, one of India's largest by caseload, and he is scheduled to retire on 1 June 2030 upon attaining the age of 65.[3] The process exemplified the established Collegium system under Article 124 of the Constitution, where judicial recommendations are binding after consultation with the executive, though occasional delays have highlighted tensions between the judiciary and government.[19]
Notable judgments and decisions
Key rulings at Allahabad High Court
In Kishan Kumar v. State of U.P. (2019 SCC OnLine All 4337), Justice Misra ruled that the date of birth recorded in an Aadhaar card does not constitute conclusive evidence, particularly in the context of juvenile justice proceedings, emphasizing the need for corroborative proof such as school records or medical examinations.[20] The court further held that failure to produce the victim by the stipulated date would result in no further protection under juvenile laws, underscoring procedural compliance in such cases.[13]In Prabhunath Tiwari v. State of U.P. (2012 SCC OnLine All 317), he affirmed the High Court's revisional jurisdiction under the Protection of Women from Domestic Violence Act, 2005, clarifying that it remains unaffected by the Act's provisions, allowing intervention to prevent miscarriage of justice in domestic violence complaints.[13]A 2022 decision in Ram Pratap v. State of U.P. (2022 SCC OnLine All 460) established that mere motive and the accused's abscondence are insufficient to establish guilt without substantive evidence linking the accused to the crime, rejecting convictions based solely on circumstantial inferences in a murder appeal.[13]In family law, Bhanu Pratap Singh v. State of U.P. (2021 SCC OnLine All 220) clarified that a wife's consent in adoption proceedings under the Hindu Adoption and Maintenance Act, 1956, cannot be presumed from her silence; explicit consent is required, invalidating adoptions where such documentation was absent.[21]Administratively, in Zila Adhivakta Sangh Allahabad, In re (2021 SCC OnLine All 1102), Justice Misra directed district judges across Uttar Pradesh to coordinate with district magistrates for the development of court infrastructure, addressing chronic delays in facilities like additional courtrooms and residential quarters to enhance judicial efficiency.[22]
Significant Supreme Court contributions
Justice Manoj Misra was elevated to the Supreme Court of India on March 17, 2023, and has since participated in over 500 decisions, including more than 40 on constitutional or larger benches, with a focus on criminal matters comprising 27% of his authored judgments.[3][2] His contributions emphasize procedural fairness, constitutional interpretation, and accountability in public institutions, often authoring opinions that prioritize statutory text and empirical evidentiary standards over expansive judicial discretion.In Sita Soren v. Union of India (decided March 4, 2024), Misra served on a seven-judge Constitution Bench that unanimously overruled the 1998 P.V. Narasimha Rao v. State judgment, holding that Members of Parliament and state legislative assemblies enjoy no immunity under Articles 105(2) or 194(2) of the Constitution for accepting bribes to influence votes or speeches, regardless of whether the promised action is fulfilled.[23][24] The ruling clarified that bribery constitutes a complete offense under the Prevention of Corruption Act, 1988, at the point of acceptance, independent of parliamentary privilege, thereby reinforcing anti-corruption measures and public trust in legislative integrity.[25]Misra authored the judgment in Tej Prakash Pathak v. High Court of Rajasthan (2024), a five-judge Constitution Bench decision ruling that eligibility criteria for public appointments cannot be altered post-advertisement unless explicitly permitted by recruitment rules, as such changes violate Article 14's guarantee of non-arbitrariness and equality.[26] The opinion stressed adherence to advertised terms to prevent arbitrary executive interference, applying this to quash retrospective modifications in judicial service recruitment.[2]In Rajive Raturi v. Union of India (2024 SCC OnLine SC 3217), as a bench member, Misra contributed to declaring Rule 15(1) of the Rights of Persons with Disabilities Rules, 2017, ultra vires the Rights of Persons with Disabilities Act, 2016, mandating enforceable accessibility standards for public places within three months to uphold substantive equality under Article 14.[3]Misra participated in Dhirubhai Bhailalbhai Chauhan v. State of Gujarat (2025 SCC OnLine SC 601), overturning convictions from the 2002 Gujarat riots by holding that mere presence at a riot site does not suffice for unlawful assembly charges absent proof of shared intent or active participation, emphasizing the need for complete circumstantial chains in prosecutions.[3] This aligned with his authored views in criminal appeals, such as State of Uttar Pradesh v. Ehsan (2023), where he directed relegation of fact-heavy disputes to alternative forums under Article 32 to preserve the Supreme Court's constitutional mandate.[2]
Reception and legacy
Achievements and judicial impact
Justice Manoj Misra was elevated to the Supreme Court of India on February 6, 2023, following a distinguished tenure at the Allahabad High Court, marking a key achievement in his judicial career spanning over a decade on the bench. Since joining the apex court, he has participated in over 500 decisions, including more than 40 Constitution Bench or larger bench matters, and has authored 35 judgments while sitting on 128 benches as of June 2025. His work predominantly addresses criminal law (accounting for 27% of authored judgments), followed by property, service, and tenancy disputes, reflecting a broad influence on core areas of Indian jurisprudence.[3][5]Misra's contributions to criminal jurisprudence emphasize rigorous evidence scrutiny, as seen in Dhirubhai Bhailalbhai Chauhan v. State of Gujarat (2025 SCC OnLine SC 601), where he authored the opinion acquitting six individuals accused in the 2002 Gujarat riots due to insufficient prosecutorial evidence, underscoring the principle that conviction cannot rest on conjecture alone. This ruling reinforces procedural safeguards against wrongful convictions in high-profile cases involving communal violence, promoting accountability in investigations. Similarly, in Sita Soren v. Union of India (2024 SCC OnLine SC 229), Misra contributed to a bench that overturned a 1998 precedent, holding that Members of Parliament and Legislative Assemblies enjoy no immunity for accepting bribes to influence votes, thereby narrowing the scope of parliamentary privilege under Articles 105 and 194 of the Constitution and advancing anti-corruption standards in legislative processes.[3][10]In constitutional and rights adjudication, Misra's decisions have expanded protections for vulnerable groups. He participated in recognizing the right to be free from adverse climate change effects as a fundamental right, linking it to Articles 14, 21, and the right to life, which imposes duties on states for environmental remediation. In Rajive Raturi v. Union of India (2024 SCC OnLine SC 3217), his involvement struck down Rule 15(1) of the Rights of Persons with Disabilities Rules, 2017, as ultra vires, compelling the Union government to enforce accessibility standards in public spaces and transport, thereby operationalizing the RPWD Act, 2016, for practical equity. These outcomes highlight his impact on enforcing directive principles through justiciable mandates, balancing state obligations with individual entitlements.[10][3]Misra's rulings in service and labor matters further demonstrate a commitment to non-arbitrariness and social security. In Tej Prakash Pathak v. Rajasthan High Court (2024), a five-judge bench under his authorship invalidated post-advertisement changes to recruitment eligibility criteria absent explicit rule provisions, invoking Article 14 to curb administrative discretion and ensure fairness in public employment processes. Likewise, Indra Bai v. Oriental Insurance Co. Ltd. (2023) interpreted the Workmen's Compensation Act, 1923, to encompass functional disabilities beyond physical loss, expanding compensation eligibility for injured workers and bolstering statutory protections for informal labor sectors. Overall, his jurisprudence prioritizes constitutional fidelity, evidentiary rigor, and remedial equity, influencing precedents that constrain executive overreach while safeguarding procedural justice.[5][5]
Criticisms and debates surrounding decisions
Justice Manoj Misra co-authored the lead opinion in the Supreme Court's 1 August 2024 judgment in State of Punjab v. Davinder Singh, a 6:1 decision permitting states to sub-classify Scheduled Castes (SCs) and Scheduled Tribes (STs) within reserved categories to address intra-group disparities, overruling the 2004 E.V. Chinnaiah v. State of Andhra Pradesh precedent that treated SCs as homogeneous.[27] The ruling emphasized empirical data for sub-classification under Articles 14, 15, and 16, subject to judicial scrutiny, aiming for substantive equality rather than formal uniformity.[27]The decision drew internal debate, with Justice Bela M. Trivedi dissenting on grounds that sub-classification encroaches on Parliament's authority under Articles 341 and 342 by fragmenting the Presidential list of SCs, potentially perpetuating inequality rather than remedying it.[27] Review petitions filed in September 2024 challenged the majority's interpretation, arguing it disrupts the constitutional reservation framework and invites arbitrary state interventions without uniform criteria.[28] The Supreme Court dismissed these petitions on 4 October 2024, finding no grounds to reconsider, though the dissent and reviews highlighted ongoing contention over balancing group homogeneity with targeted affirmative action.[29]Misra's involvement in benches addressing Uttar Pradesh's Prohibition of Unlawful Conversion of Religion Act, 2021, such as quashing multiple FIRs on 17 October 2025 for lacking credible evidence of forced conversions, prompted scrutiny of the Act's procedural burdens—like mandatory public disclosures of conversions—which the Court flagged as potentially infringing privacy and religious freedom under Articles 21 and 25.[30] While the ruling criticized misuse of criminal law for harassment, it avoided striking down the statute, leaving broader constitutional challenges pending, amid debates on reconciling anti-conversion measures with secularism.[31]No widespread external criticisms of Misra's decisions have emerged, with his jurisprudence often aligning with restraint in quashing proceedings absent clear legal infirmities, as in advisories against routine summoning of officials by high courts.[32] Debates remain confined to interpretive disagreements in high-stakes constitutional matters, reflecting judicial tensions over federalism and equality.