The 7th death anniversary of Justice P.N.Bhagwati was on June 15, 2024. This virtually went unnoticed throughout the country. Justice Bhagwati was a constitutional czar. He made rich contribution to constitutional jurisprudence. Also to constitutionalism. He was a constitutional legend. He can never be forgotten from Indian Constitutional map.
Justice Bhagwati was born on December 21, 1921. He was no more on June 15, 2017. He fell 4 years short from scoring a century. He retired as Chief Justice of India on December 20, 1986. He lived for 31 years after retirement. Both innings, before and after retirement were full of contributions. He never gave up. Fertile minds live longer. Because, it is the mind which controls the body. Happily enagaged minds are productive.
He was a brilliant student in mathematics. He did BA with a first class. He joined MA Mathematics. He was in the second year. His father became a judge of Bombay High Court. He quit mathematics. Pursued Law and became a lawyer. Lord Denning was also a keen student of mathematics. He just went to watch the court proceedings. The rest is a true story of life journey. It was because of his interest in mathematics that Denning started writing in short sentences. The writing style was peculiar to him.
Justice Bhagwati started his practice on the original side of the Bombay High Court in June 1948. He joined the chamber of legendary Sir Jamshedji Kanga. Homi Seervai and Nani Palkhivala were also in Kanga’s chamber. Soon, he began to build up his own lucrative practice. He was rubbing shoulders with seniors. He was sound in knowledge. Thorough in preparation. Skillful in presentation. Very articulate with effective communication. Above all, he was always full of determination.
He was elevated as a Judge of Gujarat High Court in July, 1960. He was 38 years old. Interestingly, he had put in only 12 years as a lawyer. He became Chief Justice of Gujarat High Court in 1967 at the age of 45 years. He was elevated to the Supreme Court on July 17, 1973. He became Chief Justice of India on July 12, 1985. He retired on December 20, 1986. His total tenure on the bench was 26 years and 5 months. This must be a kind of a record itself.
Justice Bhagwati was a social philosopher. For him, Judicial Review was an invitation. A tool for bringing social change. He breathed life into law. To do social justice. He brought law on speaking terms to cover the uncovered areas of social justice. For justice Bhagwati, law was not a dictum to be blindly followed by the courts. It was the duty of the courts to invest the words used by the Parliament with meaning and content. To bring a living organism to meet the needs of a changing society.
Justice Bhagwati stands tall for his contributions to constitutional jurisprudence. He gave new dimension to Article 14 of the Constitution. He interpreted that any arbitrary action will necessarily be violative of the right to equality. He gave wholesome meaning to ‘Procedure’ Established by Law’ in Article 21. Only such procedure which is reasonable, just and fair will meet the parameters of Article 21. Overruling Gopalan’s case (1950), he introduced ‘Due Procedure’ in place of any statutory procedure. The right to life does not mean mere existence or animal existence. It means to live with human dignity. It includes the enjoyment of human life. The doctrine ‘Promissory Estoppel’ was given juristic foundation. The executive was bound by its promise. One can go on. The list is long.
The most significant contribution of Justice Bhagwati relates to Public Interest Litigation (PIL) or Social Action Litigation (SAL). Justice Bhagwati wrote an article. He openly said : “I fathered social action litigation in India. I gave birth to it with help from Justice Krishna Iyer and D A Desai. I nurtured it. When I became Chief Justice, I invented ‘epistolary jurisdiction’ accepting cases based on simple post cards to let justice reach the poor. I made mincemeat of locus standi as it was anathema to let justice reach the poor and underprivileged. And I was proud of it”. PIL or SAL was the product of judicial activism. Large majority of people in India were poor and illiterate. They did not know their rights. They also could not afford the luxury of court litigation. In such petitions, the relevant material was not available. Therefore, the Supreme Court specifically ruled that in exercise of powers granted by Articles 32 and 226, the courts can appoint Socio-Legal Commissions for the purpose of gathering the relevant material. The conditions in the Agra Protective Home for women were pathetic. It was beyond for human living. The Supreme Court appointed the District Judge, Agra to visit the Protective Home and make a detailed report. On the basis of the report, several directions were given to improve the living conditions. In fact, this was continuously monitored.
It was during the years 1978-1980, three great judges sat in the first 3 court-rooms of the Supreme Court. In Court no.1 : Y.V.Chancharchud, Chief Justice. Court No.2 was occupied by Justice Bhagwati and Court no.3 by Justice Krishna Iyer. These 3 judges continue to be all time great judges. They continue to be fondly remembered for their extra-ordinary contributions.
Justice Bhagwati was both great and humble. Those who appeared before him remember him. There was no raising of voice. No bad temper. He was always pleasant. Never rude or insulting. He always encouraged juniors with a smile. He would never allow the senior to bully the junior. In fact, he would guide the juniors. Point out their deficiencies and suggest solutions. For juniors, his court was constant education. He always conducted the court with grace and humility.
This does not mean that he was free from wrinkles. He had his failings. It is human beings who have their dark spots. Referring to Habeas Corpus case (1976), Justice Bhagwati admitted that the Supreme Court’s attitude and approach was far from satisfactory. Judges should have been bold to uphold the rights of the people. The Supreme Court failed the people during the emergency. In 1980, the congress was voted back to power. Justice Bhagwati wrote an open letter to Prime Minister Indira Gandi congratulating her on her victory. I was in London at that time for a commonwealth conference. The letter was openly discussed in academic circles. In judges case, he treated Chief Justice Y.V.Chandrachud as a litigant.
Justice Bhagwati had his human failings. Inspite of that, he was truly a Constitutional Czar. He was in the Supreme Court for almost 13 ½ years. Out of this, he remained the Chief Justice only for a period of 1 year and 5 months. He proved that one does not need to be Chief Justice for a long time to make living contribution. There have been chief justices for much longer time. Yet, the contribution of justice Bhagwati is unmatchable. He stands the tallest. Indian Constitution is running in its 75th year. Justice Bhagwati has contributed immensely in shaping the Indian Constitution for the future. Justice Bhagwati will continue to be remembered for all times to come.
