justice v r krishna iyer_ man who rescued supreme court from supreme shame - the times of india
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Justice V R Krishna Iyer: Man who rescued SupremeCourt from supreme shameHarish Salve | Dec 5, 2014, 06.35AM IST
Justice V R Krishna Iyer has passed on to the other world. He scored a century. He was unwell inbody al though his spirit was, as always, indomitable.
And yet, I cannot shake off a deep sense of grief. My generation, who learned from him of whatthe Supreme Court was all about, considered his body as well as his soul and his wisdom to beimmortal.
Some eminent lawyers of the generation before us had mixed feelings about the man who led therevolution in jurisprudence which helped a thenfloundering Supreme Court find its identity . Hechallenged the status quo and thus had his share of critics and followers. The gen next has hisjudgments to read. For my generation, he was the architect of the Supreme Court, postEmergency . As Professor Upendra Baxi said, from the Supreme Court of India he made it theSupreme Court for Indians. He defined fundamental rights as well as charters of freedom, not justto acquire and hold wealth, but freedom from poverty and misery . He ensured that the hesitationin reading due process into Article 21 was dispelled. The foundation for a whole jurisprudencewas laid by reading Article 14 as a charter against nonarbitrariness.
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By refusing an outright stay on the verdict setting aside Indira Gandhi's election, he showed thathowever high and mighty you are, the rules of the game do not change. The bar for future judgeswas set very high! This was what may be called the Krishnaiyerisation of Indian jurisprudence.
He rescued the Supreme Court from the supreme shame of the Shivkant Shukla judgment (in1976, Justices P N Bhagwati, A N Ray ,YV Chandrachud and M H Beg agreed with the thenIndira Gandhi government that even the right to life stood abrogated during the Emergency inADM Jabalpur vs Shivkant Shukla case). The verdict constitutes one of the darkest chapters in thehistory of the court as it struck at the very heart of fundamental rights. It was a judgment that puta question mark on the credibility of the institution. If detention even on a mistaken identity wasnot amenable habeas corpus, and a detenu lacked the locus to question his own detention, thenwe could as well wind up the Supreme Court and the high courts as well. Post Emergency , theKrishna Iyer jurisprudence breathed new , life into what was seen as a listless institution. SupremeCourt today stands tall and is ! the most powerful institution of its kind in the world and its workhas shown that it is sui generis. India needs such a court even if other countries do not have orneed such a court. That other similar institutions do not do what our court does did not deterKrishna Iyer from redesigning constitutional remedies to address constitutional aberrations.
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Justice Iyer wrote in a style that has been the envy of not just other jurists but also students ofEnglish literature. There was a flow a natural ease even if he used words like jejune that neededa dictionary to decode. He coined words too and powerful ones at that.
Justice Iyer was spiritually highly evolved. He believed in the immortality of the soul. I had theprivilege of conversations with him on communicating with those on the other side. I take comfortin the thought that he will, from the other side, continue to guide us as he did earlier. On apersonal note, my tribute to his passing on will be to honor his beliefs I am sure he saw death asColeridge describes it: "..Greatness and goodness are not means but ends ! Hath he not alwaystreasures, always friends, The good great man? Three treasures, love, light, And calm thoughts,regular as infants' breath: And three firm friends, more sure than day and night, Himself, hismaker and the angel death."(The writer is former Solicitor General of India.)
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M A Bohra • 138 days ago
A fitting tribute to a really great and fearless person. It used to be a pleasure to read hisjudgments. May God, The Almighty, Bless his soul with peace in heaven!
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Amarendra Ray • 19597 5403 more points needed to reach next level. Know more aboutTimes Points • delhi • 137 days ago
Many a requiem have said about Late Justice Krishna Iyer and rightly so. A fearless,dedicated judge lived his life to full. But at the same time we must remember Justice Sinhaof Allahabad high court who dared to convict Indira Gandhi and Justice Iyer followed itup.End of an era with Justice Iyer demise. RIP
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Vinod Pillai • 8163 16837 more points needed to reach next level. Know more about TimesPoints • Mumbai, Maharashtra, Ind • 138 days ago
One of the great sons of India passed away. May his soul attain salvation.
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Sreekanth Santhosh • 39 211 more points needed to reach next level. Know more aboutTimes Points • Abu Dhabi, United Arab E • 138 days ago
This article deliberately conceal the fact that Justice Iyer was a the Law minister in the firstCommunist Ministry in Kerala lead by Com. EMS. His pioneering law reforms on landdistribution and social justice paved the way for the progress Kerala made in Humandevelopment.
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RAJIAH • Sreekanth Santhosh • 138 days ago
YOU HAVE RIGHTLY POINTED OUT THE WILLFUL OMISSION. GOOD
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Mustafa Rangoonwala • 1836 3164 more points needed to reach next level. Know moreabout Times Points • Location • 138 days ago
Great Man.....
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G Ananthapadmanabhan • 138 days ago
Great soul of social concern passed away. We all pray for his soul to rest in peace.
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Venkat Loganathan • 7092 17908 more points needed to reach next level. Know moreabout Times Points • Chennai • 138 days ago
A great legend of Indian Judiciary, a voice for the poor and deprived class in the Societyfades away......... RIP
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Venkat Chari • 8832 16168 more points needed to reach next level. Know more aboutTimes Points • Hyderabad • 138 days ago
The writer has done a great job by bringing forth this well deserved obituary to our greatJustice of the Supreme Court, V.K.Krishna Iyer. RIP Krishna Iyer has done great service toour people by boldly facing strong opposition and criticism in amending the laws to protectpoor innocent people facing charges due to benefit of doubt. Really he has saved ourSupreme Court's prestige and pride that it enjoys today due to the contributions of suchselfless people.
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Gerd Kirchhoff • 138 days ago
A great man of unfailing honesty and courage. I remember that this great Indian receivedthe highest honor of appreciation from the World Society of Victimology. Prof. Dr.Chockalingam at that time President of the Indian Society of Victimology and I traveledwith him from Chennai to the 1991 International Symposium on Victimology in Adelaide,South Australia where he received the expression of deep respect and appreciation of thisinternational forum. I never will forget the open and courageous critique on the military way"to bring peace to the Punjab" in his speech in Chennai. A great philosopher and judge India is rightly proud of him. Prof. Dr. Kirchhoff, Tokiwa University, Mito, Japan
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sankaranarayanan Narayanan • 14275 10725 more points needed to reach next level.Know more about Times Points • Gerd Kirchhoff • Location • 138 days ago
Thank you very much Sir, for your graciousness in acknowledging the greatness andnobility of Justice Shri Krishna Iyer . Very rarely we come across encomiums from a learnedProfessor such as you in praise of a distinguished Indian.May your tribe increase.
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JOSEPH MANJALY • 1428 3572 more points needed to reach next level. Know more aboutTimes Points • india • 138 days ago
A man of principles. A man who never gone after the post retirement benefits/postings fromthe Executive.
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Rajeev Maheshwari • 6115 18885 more points needed to reach next level. Know moreabout Times Points • BandungIndonesia • 138 days ago
May His soul rest in peace.Let us join together and pray for the salvation of the deceased soul and pray to God to givethe family the strength to bear this loss and deal with the unfortunate situation.
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RK RAJAGOPALAN • 2034 2966 more points needed to reach next level. Know more aboutTimes Points • BANGALORE • 138 days ago
Hats off to Justice Garish Salve for writing this article on the demise of Justice Krishna Iyer.Nothing more can be added to this. May Justice zKrishna Iyer's soul rest in peace.
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Raghavendra Kumar Pande • 2161 2839 more points needed to reach next level. Knowmore about Times Points • Unknown • 138 days ago
A great man, an institution in himself. Such sons of India are responsible for keeping intactthe biggest democracy in the world.
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Gopalakrishnan Navaneetham • 13406 11594 more points needed to reach next level.Know more about Times Points • Unknown • 138 days ago
Fantastic human beings done so many things for country.Great.
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There are man in India above corruption.
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G swaminathan • 138 days ago
The younger generation who are eager to take our nation on progressive liberal pathempathising with the poor and downtrodden has to study his views carefully and carry onhis noble selfless work,undeterred by negative forces in the country likely to continue aslong as casteist,vote bank,self serving politicians are nurtured by the gullible public
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S Kumar • 138 days ago
His classic judgement came in 1978 (Bangalore Water Works) redefining the labor laws(industrial Disputes Act) when he exhorted 'Let us trade romanticies with realities' ruling thatan employee of an University, a hospital or a Madras Gymkhana is entitled for all thebenefits if a set of guidelines to prove employee status were fulfilled. A great thinker!
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GEORG THOMAS • 7188 17812 more points needed to reach next level. Know more aboutTimes Points • COCHIN • 137 days ago
A Humble man, genius in law and jurisprudence cared for the poor and downtrodden adoyen for freedom of speech and liberty ,and a great human,left us after a century .he willbe remembered by all indians for the service he
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Shankara Rao T S • 8457 16543 more points needed to reach next level. Know more aboutTimes Points • Bangalore • 137 days ago
A noble man we pray for his soul to rest in peace. He will be remembered long for makingthe Supreme Court to stand tall from the gloom it suffered.
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Ramakrishnasayee Subramanian • 20710 4290 more points needed to reach next level.Know more about Times Points • Ranipet • 137 days ago
KINDHEARTED PERSON :It is very sad to hear the demise of Justice V. R. Krishna Iyer. His concern for the poormade him really the ‘rarest of the rare’ Judge. He was also a prolific writer. The nation willremember him for ever for his contribution to the legal profession and his kindheartedness.S. Ramakrishnasayee, Ranipet.
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rajendra prasad • 137 days ago
The Justice of people and the messiah of courts.Ever standing Tower of judgements withhuman face. A dictionary for the next gen.
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Raghu • 137 days ago
Yes he was a committed Comi judge and upset the whole principle of natural justice butaking a U turn and writing in favour of reservations in promotions also for reservationcategory. With his well known background his atrocious stand on river disputes isunpardonable. Sorry I differ from the encomiums paid.
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laxman • Raghu • 137 days ago
Well said.Although Krishna Iyer has earned all praise after he turned 100 tears on15.11.2014,he was in politics and even contested for Prez post in India,which clearly showshis desire for power and fame.May be he had delivered land mark judgments during histenure as CJI,however the dirty politics/corruption/partisan attitude have all crept in thejudiciary system.Many CJI have come and retired or expired.But the SC of India has tarnished its image insome of the judgments delivered in civil/criminal cases involving powerful politicians and Bizmen in IndiaIntelligent Chief Justices are born in India,but they stoop and cow down to politicalpressures
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Laxman Guruvayur • 1460 3540 more points needed to reach next level. Know more aboutTimes Points • Raghu • Navi Mumbai (New Mumbai) • 137 days ago
Even people like Krishna Iyer liked to be active politicians.His desire to become Prez ofIndia shows his greediness to acquire fame.Even if CJI like KI come year after year,or judicial system will never improve as ruling part"sinfluence prevails in India on judiciary
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Rangarajan Chetlur Sundaram • 9226 15774 more points needed to reach next level. Knowmore about Times Points • Laxman Guruvayur • Unknown • 137 days ago
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Erroneously clicked YES. I am sorry. I agree to disagree.
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SUSHIL KUMAR • 30007 219993 more points needed to reach next level. Know moreabout Times Points • J • 138 days ago
And yet, I cannot shake off a deep sense of grief. My generation, who learned from him ofwhat the Supreme Court was all about, considered his body as well as his soul and hiswisdom to be immortal.
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India was so fortunate to give birth to such wise wisdom courageous souls.Pray and hope such legacy will guide the justice from the wrath of politicobureaucrats whocontinue to corrupt our lives.
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