Mehr Chand Mahajan: The Former Chief Justice of India

Justice Mehr Chand Mahajan was born on December 23rd 1889, in Himachal Pradesh. Previously, he served as Prime Minister of Jammu and Kashmir under Maharaja Hari Singh and was a significant player in the state's annexation by India. He was the candidate for the Indian National Congress on the Radcliffe Commission that established the borders between India and Pakistan. Justice Mahajan established himself as a renowned attorney, esteemed jurist, and powerful politician. He was a sharp and frank judge who rendered numerous precedent-setting decisions.

He died on December 11th 1967. He was preceded by Justice M. Patanjali Sastri and succeeded by Justice Bijan Kumar Mukherjea.

Early Life and Education

He was born in Tika Nagrota, Himachal Pradesh. His father Lala Brij Lal, was an attorney who eventually built up a reputable legal business in Dharmsala. Mahajan entered the Government College in Lahore after finishing middle school and received his diploma there in 1910. He chose to study law after his father persuaded him to change his mind from his Master-Degree in M.Sc. and resultantly enroll in legal studies. In 1912, he received a Bachelor Degree in Legal Studies.

Career

Justice Mehr Chand Mahajan began his legal career during the following time period −

• In 1913, Mahajan began his legal career in Dharamsala, where he practised law for a year.

• The following four years (1914–1918) were spent practising law in Gurdaspur.

• After that, he worked as a lawyer in Lahore from 1918 till 1943. He was president of the High Court Bar Association of Lahore when he was there (1938 to 1943).

Fact	Details
Name	Mehr Chand Mahajan
Date of Birth	23rd December, 1889
Alma Matar	Government College, Lahore
Official Tenure	4 January 1954 – 22 December 1954
President	Rajendra Prasad
Preceded	M. Patanjali Sastri
Succeeded	Bijan Kumar Mukherjea
As Judge	President of the High Court Bar Association of Lahore Justice of Punjab High Court Chief Justice of India

Notable Judgement

The notable judgements are −

Bharat Bank Ltd. Delhi vs. Employees of the Bharat Bank Limited Delhi

In the present case, the question of whether the Industrial Tribunal Award is appealable under Article 136 of the Constitution was addressed by a three-judge panel. The majority of people thought there was no justification for allowing an appeal, but Mahajan Justice thought the award was flawed and ought to be overturned.

Brij bhushan vs. the State of Delhi

In this instance case, the apex court backed press freedom and ruled that pre-censorship violated article 19(1)'s basic right to freedom of speech and expression.

Dwarkadas Shrinivas vs. Sholapur Spinning and Weaving Co.Ltd.

In the current case, Sholapur’s (emergency provisions) Ordinance 2 of 1950 was revoked by Act 28 of 1950. Its legality was questioned under both Article 31 and Article 19. The court ruled that the Act was unconstitutional because it deprives the government of the company's property without providing any kind of compensation.

Life Outside the Courtroom

Mahajan, the Chief Justice, travelled to Kashmir in September 1947 at the Queen's request. There, he accepted the opportunity to become the Prime Minister of Kashmir. He was named the prime minister of Jammu and Kashmir on October 15, 1947. He held this position until March 5, 1948.

Assistance as Prime Minister

He contributed significantly and enduringly to the union of India and J&K. In October 1947, India and J&K joined. That was a significant accomplishment for India geographically as well as professionally for him. He has always been certain that J&K should be a part of an independent India.

Frequently Asked Questions

Q1. Who appoints the CJI of India?

Ans. The President of India appoints the Chief Justice of India.

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 nominated, serves in that capacity until age of retirement i.e. 65.