Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India

Prafullachandra Natwarlal Bhagwati was born on 21st December 1921 in Ahmedabad, Gujarat. He held office from 12 July 1985 until his retirement on 20 December 1986. Along with Justice V. R. Krishna Iyer, he is considered a pioneer of judicial activism in India. He brought the ideas of public interest litigation and absolute responsibility to the country. He has served on India's Supreme Court the longest of any judge, including the Chief Justice.

Early and Personal Life

P. N. Bhagwati was born in Gujarat. His father serves as a justice of Supreme Court, Justice Natwarlal H. Bhagwati. He was the father of economist Ketki Bhagwati and the older brother of neurosurgeon and president of the Neurological Society of India S. N. Bhagwati and economist Jagdish Bhagwati. He has three daughters, Parul, Pallavi, and Sonali. Pallavi is married to Shardul S. Shroff and serves as managing partner of renowned Indian legal firm Shardul Amarchand Mangaldas & Co. Bhagwati was a follower of the well-known Indian guru Sathya Sai Baba and was an active member of the Sathya Sai Trust till his passing.

Career

Justice Prafullachandra Natwarlal Bhagwati began his legal career during the following time period:

• At the Bombay High Court, Bhagwati began his legal career as a practitioner.

• He was appointed a Gujarat High Court judge in July 1960.

• He was chosen to serve as Gujarat High Court's Chief Justice in September 1967.

• He served in Gujarat's interim governorship twice (7 December 1967 to 25 December 1967 and 17 March 1973 to 3 April 1973).

• He was appointed a judge of the Indian Supreme Court in July 1973. He was appointed Chief Justice of India in August 1985.

• Bhagwati brought absolute responsibility and public interest litigation to the Indian legal system while serving as a judge on the supreme court.

• He is regarded as having established judicial activism in the nation together with Justice V. R. Krishna Iyer.

• Bhagwati received the Padma Vibhushan, the second-highest civilian honor in India, in 2007 for her contributions to public affairs.

Fact	Detail
Name	Prafullachandra Natwarlal Bhagwati
Date of Birth	21st December, 1921
Alma Mater	Bombay University, Government Law College, Bombay
Official Tenure	12th July 1985 – 20th December 1986
President	Giani Zail Singh
Preceded by	Y. V. Chandrachud
Succeeded by	R. S. Pathak
As Judge	Judge of the Gujarat High Court. Chief Justice of Gujarat High Court Judge of the Supreme Court of India Chief Justice of India

Notable Judgment

The notable judgments are:

Habeas Corpus Case Controversy

Bhagwati made a contentious ruling in the ADM Jabalpur v. Shivkant Shukla (1976 AIR 1207, 1976 SCR 172) case, also known as the ADM Jabalpur case or the habeas corpus case, when he ruled that a person's right not to be wrongfully held (also known as habeas corpus) may be revoked during the Emergency of 1975–1977. Since it downplayed the significance given to Fundamental Rights under the Indian Constitution, this ruling drew a lot of criticism. In contrast to earlier High Court rulings, the bench that included Bhagwati reached a judgment in favor of the then-Indira Gandhi administration, with only Justice Hans Raj Khanna voting against it. During the emergency, Bhagwati publicly lauded Indira Gandhi; when the Janata Party-led government was established, he criticised her; and after Gandhi was re-elected to office in 1980, he once again endorsed her. Bhagwati received criticism for his shifts in stance in favor of the current administration, which some said were made to further his professional prospects. Later in 2011, Bhagwati concurred with the general consensus that this judgment was ill-advised and "apologized."

Maneka Gandhi vs. Union of India (AIR 1978 SC 597)

According to Section 10(3) of the Passports Act, Maneka Gandhi was asked to surrender her passport within seven days "in the public interest" by way of an official letter from the Regional Passport Officer, Delhi, on July 2, 1977. (1967). Gandhi requested a statement of reason according to Section 10(5) after receiving an Indian passport on June 1, 1976. The office responded that, "in the interest of the general public," the government had chosen not to provide any additional statements of this kind. Gandhi filed a writ petition under Article 21 of the Indian Constitution, which deals with the right to freedom, and Bhagwati and Justice V. R. Krishna Iyer decided in his favor.

MC Mehta vs. Union of India (1987 AIR 1086, 1987 SCR (1) 819)

In this case, the Supreme Court was making a decision regarding a PIL that asked for the closure of a private company due to its dangerous nature. Absolute responsibility was a principle that Bhagwati, J. presented to Indian law. He proclaimed that risky or dangerous actions ought to be judged under a higher standard of culpability so that courts might hold people accountable for damages if their risky venture led to injuries, regardless of whether they were at fault.

Bandhua Mukti Morcha vs. Union of India (1984 AIR 802, 1984 SCR (2) 67)

In this case, the Supreme Court was deliberating a PIL submitted to stop child labor in Uttar Pradesh. The Right to Work was acknowledged by Bhagwati J in a ruling that favored bonded workers in a stone quarry. He directed state officials to take a number of actions, including working with NGOs to pay workers a minimal salary, rehabilitate the workers, and provide a secure workplace.

SP Gupta vs. President of India and Ors (AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365)

In this case, a seven-judge Supreme Court bench made a decision regarding the subject of judicial independence and the appointment and transfer of judges. The Court shall not require that writ petitions be filed by persons raising concerns in the public interest and would quickly react to letters submitted to it by such persons, according to Bhagwati J, who also emphasized the significance of extending access to justice.

Other Activities

While a student at Columbia University in 1982, Bhagwati was chosen as a fellow of the American Academy of Arts and Sciences. From 1995 through 2009, he served on the United Nations Human Rights Committee, been re-elected every two years when his tenure was up. In 2001–2003, he served as the committee's chairman as well. He has also been a member of the International Labor Organization's Committee of Experts for more than 27 years as of 2006. On May 6, 2011, he was named the Chancellor of Sri Sathya Sai Institute of Higher Learning.

Likewise, the fact that Bhagwati largely converted human rights law into environmental law is his enduring contribution (Desai 1986). Following Bhagwati's retirement on December 20, 1986, the Supreme Court's erudite judges properly carried on the flame. One of them was Kuldip Singh, who, after initially opposing the concept of PIL in environmental matters, became one of its most ardent proponents and established that sustainable development, the precautionary principle, and the polluter pays principle are elements of the law of the country.

Bhagwati's vision, intellectual underpinnings, and futuristic stamp of judicial activism seem to be unmatched in their daring. It gives us hope that the much-desired improvements in the Indian legal system are achievable if responsible judges with broader perspectives can gather ideas that are appropriately led by viewing the Constitution as an organic beacon of hope for the improvement of society as a whole. It might assist us in overcoming current difficulties like the loss of legal expertise, the backlog of cases, corruption, and even the legitimacy of the collegium system of judicial appointments in India in the twenty-first century, a country that aspires to occupy a prominent position at the top table of the world.

FAQs

Q1. Who is the father of judicial activism in India?

Ans. The doctrine of judicial activism was first introduced in by Justice V. R. Krishna Iyer, and Justice P. N. Bhagwati, in later half of 1970s. But Justice Bhagawati has acted more actively and promoted the public interest litigation cases and delivered more number such judgements. Because of such reasons, the father of judicial activism in India is often considered to be Justice P.N. Bhagwati.

Q2. Who had appointed P. N. Bhagwati as the chief justice of India?

Ans. Former president Giani Zail Singh had appointed P. N. Bhagwati as the chief justice of India.