Bhuvaneshwar Prasad Sinha: Former Chief Justice of India

Justice Bhuvaneshwar Prasad Sinha was born on February 1st 1899, in Shahabad, Bihar. He ruled mostly on civil, criminal, and constitutional cases. He was a highly pious man, maintained a peaceful life largely devoted to spiritual activities after retiring, though he did take on a few private arbitration cases. Justice wrote 137 judgments during his nine years in the Supreme Court and sat on 685 benches. He died in 1986 after becoming blind in his later years. He was preceded by Justice Sudhi Ranjan Das and succeeded by Justice P. B. Gajendragadkar.

Early Life and Education

Mr. Sinha was raised in a well-known Hindu Kshatriya family in the Sinha Arrah District's Rajwada Gajiyapur Estate. B. P. Singh, his grandson, is a former Supreme Court of India justice. Justice Sinha was raised in the Ghazipur area of Bihar by landowners. Although the family had amassed fortune from their modest zamindari payments, Sinha J's father's spiritual pursuits gradually eroded most of the family's wealth. He received his education at the Patna College, Patna Law College, and the Arrah Zilla School. At Patna University's B.A. (Hons) in 1919 and M.A. in 1921, Sinha was at the top of the list of applicants.

Career

Justice Bhuvaneshwar Prasad Sinha began his legal career during the following time period −

• In the Patna High Court from 1922 until 1927, he served as a Vakil. In 1927, he transitioned into a lawyer.

• Additionally, he served on the Patna University Board of Examiners for Law and the Senate of the Faculty of Law.

• He joined the Benaras Hindu University's Court after serving as a government leader there from 1935 until 1939.

• In 1940, he was appointed an assistant government attorney, and in 1943, Patna High Court Judge.

• He was promoted to the position of Chief Justice of the Nagpur High Court in 1951, and subsequently, in December 1954, he was appointed to the position of Judge of the Supreme Court, where he stayed until September 30, 1959.

• In 1959, he ultimately succeeded as Chief Justice of India, a position he held until 1964, at which point he retired.

Notable Judgements

The notable judgments are −

Kathi Kalu Ogad vs. State of Bombay (1961 AIR 1808, 1962 SCR (3) 10)

In the present case, an 11-judge SC bench considered whether taking fingerprints, handwriting, and DNA samples violated the right to self-incrimination guaranteed by Article 20(3) of the Constitution of India, 1950. This clause states that no one can be forced to testify against himself. Chief Justice B.P. Sinha explained in his opinion piece for the majority that giving the police tangible evidence did not turn the suspect into a "witness" against himself. In its common usage, the term "witness" referred to a person who gave oral testimony in court. As a result, collecting DNA, handwriting, and fingerprint samples did not violate Article 20(3).

Sardar Syedna Taher Saifuddin vs. State of Bombay (AIR 1962 SC 853)

In this instance case, Sinha CJI maintained the excommunication authority granted to the Dawoodi Bohra community's Head Priest. In determining whether the Bombay Prevention of Excommunication Act, 1949, which prohibited the Head Priest of the Dawoodi Bohra community from excommunicating its members, violated the Right to Representative Religious Expression and the Rights of a Religious Denomination under Articles 25 and 26, the Court used the "Essential Religious Practices" test. The Court stated that one must determine what religious practices are from the religion's teachings and doctrines. A religion cannot be abolished by the Legislature via reform.

Kedar Nath Singh vs. State of Bihar (1962 AIR 955, 1962 SCR Supl. (2) 769)

In the current case, a seven-judge SC bench affirmed the legality of Section 124A of the Indian Penal Code, 1860, which made sedition a crime. Writing on behalf of the Court, Sinha CJI acknowledged that Article 19(1)(a) of the Constitution of India, 1950's ban on sedition created restrictions on the right to free speech. Section 124A could not be overturned because it imposed a "reasonable restriction" as defined by Article 19(2) (which lists the limitations that may be placed on the right to free speech). Sinha CJI made it clear that criticism of the government did not constitute sedition unless it was coupled with a demand for violence or other instigation.

Fact	Detail
Name	Bhuvaneshwar Prasad Sinha
Date of Birth	1st February, 1899
Alma Mater	Patna Law College
Official Tenure	1st October, 1959 – 31st January, 1964
President	Rajendra Prasad
Preceded by	Sudhi Ranjan Das
Succeeded by	P. B. Gajendragadkar
As Judge	Additional Judge of the Patna High Court Permanent Judge of the Patna High Court Chief Justice of the Nagpur High Court Judge of the Supreme Court Chief Justice of India

Outside of Courtroom Life

Justice Sinha actively participated in educational endeavors while pursuing a law profession. Between 1926 and 1935, he lectured on law at Patna's Government Law College while also working as a lawyer at the Patna High Court. Between 1932 and 1951, he served as a member of Patna University's Senate of the Faculty of Law and the Board of Examiners of Law while also becoming more ingrained in the Patna High Court throughout the ensuing two decades. He was the Pro-Chancellor of Delhi University in addition to being the CJI.

Surprisingly, Sinha J didn't pursue many government positions after retiring. He would initiate particular arbitration processes at the request of the SCI or private parties. Contrary to his diligent successor Justice P.B. Gajendragadkar, he did not participate in any Commissions of Inquiry.

His son and grandson helped to prolong Sinha J's legacy in the judiciary. From 1973 until 1982, his son Rameshwar Prasad Sinha presided as a judge at the Patna High Court. Bisheshwar Prasad Singh, the grandson of Sinha J, joined the High Court Bench in 1987 and was promoted to the SC in 2001.

FAQs

Q1. Who had appointed Bhuvaneshwar Prasad Sinha as the Chief Justice of India?

Ans. The first President of India Dr. Rajendra Prasad had appointed Justice Sinha as the Chief Justice of India on October 1, 1959.

Q2. Who appoint President in absence of CJI?

Ans. The senior most judge of the Supreme Court appoints the CJI in the absence of the president.

Q3. What is the tenure of the Chief Justice?

Ans. According to Article 124(4) of the Indian Constitution, Supreme Court judges may be appointed and dismissed. This article states that the Chief Justice, once appointed, serves in that capacity until age 65.