Koka Subba Rao: Former Chief Justice of India

Justice Koka Subba Rao was born on July 15, 1902, in Rajahmundry (Andhra Pradesh). Rao J. wrote 42 solo dissents while he was on the SC's bench; some even referred to him as the "greatest dissenter in Indian judicial history." It's interesting to note that none of these dissents were published after he became the CJI; instead, the majority of them supported private parties opposing government measures.

Personal Details

The Hon. Sri Justice K. Subba Rao was born on July 15, 1902, in a Velama family. His father was a lawyer, who died early. Rao attended the Government Arts College in Rajamundry and the Madras Law College before earning his law degree. He played sports as well.

Professional Details

Rao J grew up in a legal and judicial family. Both his grandfather M. Venkata Ratnam Naidu and father K. Subhrahmaneswara Rao Naidu held prominent positions in the Rajahmundry bar. His father-in-law P. Venkataramana Rao served as the Chief Justice of the Mysore High Court before moving to Madras in 1935 after getting married (1943-48). His brother-in-law P.V. Rajamannar later rose to prominence as the first Indian Chief Justice of the Madras High Court (1948-61). He began working for P. Venkata Raman Rao Naidu, his father-in-law and a junior member of the Andhra Kesari Prakasam Pantulu. He was hired as a District Munsif and spent a few months working in the Guntur district's Bapatla.

Subbarao worked with his talented brother-in-law P. V. Rajamannar, who later rose to the position of Advocate-General and Chief Justice of the Madras High Court, after Venkata Raman Rao was appointed a judge of the Madras High Court. They were in charge of the best legal talent in the entire Madras state. In 1948, he was promoted to the Bench.

Rajaji wanted to choose senior judge Govinda Menon to preside over the Andhra Pradesh High Court, which would be created in Guntur in 1954, following Andhra's secession. However, Prakasam was adamant that Subbarao serve as the Special Officer to aid in the creation of the High Court. He instantly assumed the position of Chief Justice. Subbarao served as the inaugural Chancellor of Sri Venkateswara University when it was founded at Tirupati in 1954. He held the position until the University Act was changed to return the Chancellorship to the Governor.

On January 31, 1958, he was appointed a Supreme Court judge after serving as a judge at the Madras High Court and Chief Justice at the Andhra Pradesh High Court. On June 30, 1966, he was named India's Chief Justice. In the historic Golaknath v. State of Punjab case, where he held that Fundamental Rights could not be modified, he delivered his most well-known judgment. On April 11, 1967, Subba Rao announced his retirement in order to run for president in the fourth election as the chosen candidate of the opposition parties.

Additional Reading

As a candidate for the united opposition parties, he ran for president of India in 1967. Zakir Hussain won the elections over him.

Major Judgements

Kharak Singh v State of Uttar Pradesh, (1962): The Supreme Court invalidated State Police Regulations that permitted unannounced police inspections to the residences of "habitual criminals" or people who were prone to develop a criminal habit. The Court struck down this regulation on the grounds that it was an executive order rather than a law, and that only a statute may restrict a person's right to life. It did, however, deny the existence of a basic right to privacy. In one of Rao J's most well-known dissents, he claimed that the right to privacy was a fundamental right because it was a necessary component of personal liberty. In K.S. Puttaswamy v. UOI, 2018, a nine-judge bench of the SC affirmed this point of view by recognizing the Right to Privacy as a Fundamental Right.

Basheshar Nath v CIT, (1958): According to the Court, fundamental rights cannot be waived. While it is true that in the United States basic rights can be waived, Rao J stated in his concurring judgment that the same conditions did not apply in India. The judicial system in the United States developed rights. The Constituent Assembly established fundamental rights in India in the interest of the general populace. In addition to the constraints already included in the Fundamental Rights Chapter, Indian courts are not permitted to place any additional restrictions (such as waivers) on fundamental rights. Rao J claims that the majority of people in India are uneducated, uneducated, and ignorant of their rights. They cannot be set against the State and forced to consider giving up their fundamental right

Golaknath v State of Punjab, (1967): Part III of the Constitution, which outlines the Fundamental Rights, cannot be amended by Parliament, according to Chief Justice Rao, who wrote the majority opinion. Rao J. introduced the "doctrine of prospective overruling" to the Court's jurisprudence through this judgment. According to this notion, the Court's decision would have a future impact. The Judgment would not affect earlier Amendments, but it would prevent future Amendments to Part III. The earlier amendments would remain in effect. In Kesavananda Bharati v. State of Kerala, 1970, the Court overturned Golaknath and ruled that Parliament has the authority to change any provisions of the Constitution, including Part III. The only part of the Constitution that was immune from the change was its "Basic Structure."

FAQs

Q1. Who had appointed Koka Subba Rao as the Chief Justice of India?

Ans. Former President Sarvepalli Radhakrishnan had appointed Koka Subba Rao as the ninth Chief Justice of India on June 30, 1966.

Q2. Which High Court did K. S. Subba Rao serve before being appointed as the judge of the Supreme Court?

Ans. K. S. Subba Rao served as judge at Madras High Court and a Chief Justice at Andhra Pradesh High Court, before appointed as a Supreme Court judge on 31 January 1958.

Mukesh Kumar

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Updated on: 27-Jan-2023

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