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Know Thy Judge| Justice S.H. Kapadia: A Legacy of hard work and landmark decisions

“The Constitution as a document is static. But the Constitutionalism is a ‘living tree’. It is about morality.”[1]

                                                                            – S.H. Kapadia, J.

Justice Sarosh Homi Kapadia, the 38th Chief Justice of India, was born a month after India gained independence from the British rule i.e. on 29th September 1947. Having completed his graduation from the Government Law College, Justice Kapadia began his career as a Grade IV employee where his main job was to deliver case briefs to lawyers.                                                               

Career Highlights                                                          

As a Counsel

Justice Kapadia enrolled as an Advocate on 10-09-1974. During his tenure as counsel, he practiced in the Bombay High Court, both on the Original Side and Appellate Side in Suits, Letters Patent Appeals, Writs, matters under Negotiable Instruments Act, Detention Matters, matters under Bombay Rent Act, matters under Bombay Municipal Corporation Act, matters under Maharashtra Land Revenue Code, Industrial Law and Service Matters. He appeared for Bharat Petroleum Corporation and Hindustan Petroleum Corporation in High Court and Supreme Court in connection with service matters including disputes concerning framing of Pension Rules.  

As a Judge of Bombay and Uttaranchal HCs and Judge of the Special Court (1991-2003)

On 8-10-1991 Justice Kapadia was appointed as an Additional Judge of the Bombay High Court and later he was appointed as a Permanent Judge of the Bombay High Court on 23-03-1993. During this period Justice Kapadia is credited for deciding important matters under PIL pertaining to Coastal Regulation Zones; financial matters under RBI and Banking Regulation Act; matters concerning the Constitutional validity of the 74th Amendment Act of 1992 dealing with Municipalities; matters under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976; matters concerning Mergers and Acquisitions; matters under Payment of Bonus Act; matters under Industrial Disputes Act etc.

He was also appointed as a Judge of the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 on 15.10.1999 and dealt with matters concerning corroborative value to be given to the Report submitted by RBI and Joint Parliamentary Committee vis-à-vis Evidence Act. As a Judge of the Special Court, he also framed Investment Schemes, Schemes dealing with Valuation and Disposal of Shares of Notified Parties as also Distributions of asset of the Notified Parties. He was appointed as Chief Justice of the Uttaranchal High Court on 05.08.2003.

As Judge of the Supreme Court of India (2003-2010)

On 18.12.2003 he was elevated as Judge of the Supreme Court of India. In his tenure of 7 years of as a SC Judge, Justice Kapadia was a part of several path breaking decisions that carried forward the flame of judicial activism. Some of his landmark decisions were-

 

 

 As Chief Justice of India (2010-2012)

He was appointed as the 38th Chief Justice of India on 12.05.2010 by the then President Pratibha Patil and retired on 28.09.2012. During this period he presided over many benches which gave directions on some very important public interest matters. Some of the important judgments were-

 

 

Did you Know?

The Legacy of Justice Kapadia

Justice SH Kapadia passed away on 04-01-2016 in Mumbai at the age of 68 years. His 21 year long career as a Judge (both as HC and SC Judge) was marked with numerous path breaking, well reasoned judgments; all of which has become a part of his rich judicial legacy and has left an indelible imprint on India’s judicial history.


Editorial Assistant, EBC Publishing Pvt. Ltd. 

[1] (2009) 3 SCC J-19

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