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Bhupinder Nath Kirpal: Former Chief Justice of India
Bhupinder Nath Kirpal who became the 31st Chief Justice of India, born in Lahore and brought up in Delhi where he completed his high school and college education. He began practicing law in 1962 as an attorney before being named a Delhi High Court judge in November 1979.
Early Life and Education
He was born in Lahore on November 8, 1937, but after the partition, he moved to Delhi. He took his school education from the Modern School in New Delhi and then attended St Stephens College at Delhi University. In the student’s life, he was a good cricket player.
He is married to Aruna Kirmpal and has three children. One of his son, Mr. Saurabh Kirpal, who was practicing as a lawyer at Delhi High Court and other courts, appointed as the Judge of Delhi High Court On November 11, 2021, by the collegium of the Honorable Supreme Court of India.
Career
Justice Bhupinder Nath Kirpal began his legal career during the following time period −
He was an employee of the Central Government Pleader at the Delhi High Court. Later, he was appointed as the Income Tax Department's Additional Standing Counsel.
In 1979, he was appointed to the Delhi High Court as an additional judge. He was chosen to serve as a Permanent Judge of the Delhi High Court in 1983. In 1993, he was appointed Chief Justice of the Gujarat High Court.
In September 1995, he was named a Supreme Court justice. Between 6 May to 8 November 2002, he was the Supreme Court's Chief Justice.
He held the position of Chairman of the National Forest Commission following his retirement.
He wrote 195 decisions during his eight years on the Supreme Court and served on 916 benches.
| Fact | Detail |
|---|---|
| Name | Bhupinder Nath Kirpal |
| Date of Birth | 8th November 1937 |
| Official Tenure | 6 May 2002 – 8 November 2002 |
| Preceded by | Sam Piroj Bharucha |
| Succeeded by | Gopal Ballav Pattanaik |
| As Judge | Judge of the Delhi High Court Judge of the Supreme Court of India Chief Justice of India |
Notable Judgments
Important judgements are −
A three-judge panel comprised of Justice Kirpal, Justice V.N. Khare, and Justice Ashok Bhushan rendered a decision in M.C. Mehta v. Union of India and Others in 2002 on the distribution of CNG. The State was required by the Court to safeguard and advance public health as well as enhance Delhi's air quality.
State of Karnataka and Others v. T.M.A. Pai Foundation and Others According to Article 30(1) of the Constitution of India, 1950, written by Justice Kirpal, minority groups are permitted to construct educational institutions. According to Article 19(1)(g) and Article 26, everyone has the right to construct and run educational institutions, and minorities in particular have that right under Article 30. Whether they be linguistic or religious, minorities must be ascertained state-wise.
In the case of T.N. Godavarman Thirumulkpad v. Union of India, a division bench of Justices B.N. Kirpal and J.S. Verma provided detailed instructions for the sustainable use of forests and the establishment of a monitoring and implementation system through regional and state level communities, regulating the felling, use, and transportation of timber across the nation in the hopes of protecting the nation's forests. The bench considered the definition of "forest" as used in the Forest Conservation Act of 1980 and ruled that any area designated as a "forest" may not be used for commercial purposes without prior Central Government consent.
A three-judge panel maintained the constitutionality of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, in Union of India v. Delhi High Court Bar Association. On the basis that it was arbitrary and hence in violation of Article 14 of the Indian Constitution, its constitutionality had been contested. The Delhi High Court's ruling was overturned by the Supreme Court in a decision written by Justice Kirpal. It concluded that the Central Government had the authority to pass laws pertaining to banking under Entry 45 of List I of the seventh schedule to the Constitution.
Therefore, the government might establish a judicial body such to the Banking Tribunal. Since the High Courts in question could simply relinquish their original jurisdiction, establishing a pecuniary jurisdiction that interfered with a small number of high courts' original jurisdiction could not be a basis for declaring the Act unlawful.
A split bench made up of Justices B.N. Kirpal and A. Anand noted the significance of tribal rights in Narmada Bachao Andolan v. UOI and expressed the opinion that no tribal inhabitants may be expelled from their lands without voluntary consent. Unless the removal was done so in accordance with national legislation. By claiming that the petitioners' target project was a matter of policy and so within the government's purview, it permitted construction of the project in question. According to Justice Kirpal, the Court would be meddling in governmental affairs by blocking the initiative. Although the Court approved the project, it also instructed the government to help people who were displaced by it by providing rehabilitation and relief.
FAQs
Q1. Who had appointed Bhupinder Nath Kirpal as the chief justice of India?
Ans. Former President K R Narayanan was the one who appointed Bhupinder Nath Kirpal as the chief justice of India.
Q2. Before being appointed as judge, in which court was Justice Bhupinder Nath Kirpal practicing law?
Ans. Before being appointed as judge, justice Bhupinder Nath Kirpal was practicing law at Delhi High Court.
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