{"id":137072,"date":"2017-06-17T01:03:14","date_gmt":"2017-06-16T19:33:14","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=137072"},"modified":"2017-06-17T12:56:26","modified_gmt":"2017-06-17T07:26:26","slug":"remembering-the-judicial-legacy-of-former-cji-justice-p-n-bhagwati","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2017\/06\/17\/remembering-the-judicial-legacy-of-former-cji-justice-p-n-bhagwati\/","title":{"rendered":"Remembering the judicial legacy of former CJI, Justice P.N. Bhagwati"},"content":{"rendered":"

Former Chief Justice of India, Justice P.N. Bhagwati passed away on 15.06.2017. He was 95. Appointed to the Supreme Court in July, 1973 he served as Chief Justice from July, 1985 to December, 1986. Considered to be the pioneer of judicial activism, he, by way of his judgment in Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161<\/a>, started the path-breaking practice of treating letters or postcards addressed to judges as writ petitions. However, he had already introduced the idea in Icchu Devi Choraria v. Union of India, (1980) 4 SCC 531<\/a> where he said that \u201ceven a postcard written by a detenu from jail has been sufficient to activise this Court into examining the legality of detention.\u201d Defining the concept of locus standi<\/em> in Public Interest Litigations, he, in in People\u2019s Union for Democratic Rights v. Union of India, (1982) 3 SCC 235<\/a> said that any individual or body can move the court on behalf of the poor, illiterate and ignorant class for the protection of their fundamental rights and even a letter by a public-spirited person can be treated as a writ petition.<\/p>\n

The other seminal cases in which he delivered judgments were, S.P. Gupta v. Union of India, 1981 Supp SCC 87 <\/a>where, in the opening para, he quotes Sri Aurobindo\u2019s poem Savitri \u201cAn inconclusive play is Reason\u2019s toil; Each strong idea can use her as its tool; Accepting every brief she pleads her case, Open to every thought she cannot know.\u201d. He was against the idea of the much debated death penalty and in Bachan Singh v. State of Punjab, (1982) 3 SCC 24<\/a> he said that Section 302 IPC was unconstitutional as it provides for the imposition of death penalty as an alternative to Life Imprisonment. He was the only dissenting judge in Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625<\/a> where the 42nd<\/sup> Constitution amendment was held to be unconstitutional.<\/p>\n

One of the rare glitches in his career was ADM, Jabalpur v. Shivakant Shukla, (1976) 2 SCC 521<\/a>, popularly known as the Habeas Corpus<\/em> case, where he, along with the 3 other members of the 5-judge bench, upheld the unfettered right of the Indira Gandhi Government exercised during emergency that suspended all fundamental rights of the citizens. Much later in his life, he expressed his regret for that verdict.<\/p>\n

Words cannot do justice to the huge legacy that Justice Bhagwati has left behind him.\u00a0Below is the list of some of his notable judgments:<\/p>\n