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Raghunandan Swarup Pathak: The Former Chief Justice of India
Justice Raghunandan Swarup Pathak was born on November 25, 1924. The International Court of Justice in The Hague had four judges from India, and he was one of them. The other judges were Dalveer Bhandari, a former justice of the Supreme Court, who now sits on the World Court, Benegal Narsing Rau, who worked at the International Court of Justice from 1952 to 1953, and Nagendra Singh, who presided over from 1985 to 1988. Justice Pathak died of a heart attack in New Delhi on November 17, 2007, at the age of 82.
Early Life and Education
He was the son of former Indian Vice President Gopal Swarup Pathak. He attended St. Joseph's College in Allahabad for his formal education and Allahabad University for his legal studies. He began his legal career in Allahabad, where he also served as a judge. In 1972, he was appointed to the position of Chief Justice of the Himachal Pradesh High Court.
Career
Justice Raghunandan Swarup Pathakbegan his legal career during the following time period −
In 1962, he was appointed as an Additional Judge
In 1963, the Allahabad High Court nominated him as a Permanent Judge.
In 1972, he was appointed Chief Judge of the Himachal Pradesh High Court
He was promoted to the Supreme Court of India in February 1978.
He assumed the position of Chief Justice of India on December 21, 1986.
In 1989, he gave up his position as Chief Justice of India to become a judge on the International Court of Justice.
| Fact | Detail |
|---|---|
| Name | Raghunandan Swarup Pathak |
| Date of Birth | 25th November, 1924 |
| Alma Matar | Allahabad University |
| Official Tenure | 21st December, 1986 – 18th June, 1989 |
| President | President Giani Zail Singh |
| Preceded | P. N. Bhagwati |
| Succeeded | E.S. Venkataramiah |
As Judge |
Additional Judge of the High Court of Allahabad Permanent Judge of the High Court of Allahabad Chief Justice of the Himachal Pradesh High Court Judge of the Supreme Court of India Chief Justice of Supreme Court of India Judge of the International Court of Justice |
Notable Judgement
The notable judgements are −
Kehar Singh vs. Union of India
In the present case, the Court outlined the President's authority to pardon anyone. In 1988, a plea for Kehar Singh's pardon was submitted to the President. He was found guilty and given the death penalty for killing the country's first lady at the time, Indira Gandhi. The petitioners requested a meeting with the President so they could argue their case for the pardon. According to the President, the process for granting a pardon under Article 72 does not include holding a hearing.
The President said that they were unable to consider the merits of a case that the Supreme Court had already ruled on. The petitioners filed a special leave petition and a writ petition in an effort to clarify the extent of the President's powers under Article 72. Further, the apex court ruled that the President is free to use his authority anyway they see fit. The petitioner had no right to a hearing before the President.
Union Carbide Corporation vs. Union of India
In the present case, the Justice together with E.S. Venkataramiah, Rangnath Misra, M.N. Venkatachalliah, and N.D. Ojha, ordered Union Carbide to make a $ 470 million settlement payment instead of the $ 3 billion in original compensation the Indian government had requested. He reasoned that the matter is most definitely suitable for an overall settlement between the parties because of the urgent need to give quick and significant relief to catastrophe victims. All civil and criminal actions pertaining to the Bhopal Gas Tragedy were likewise annulled by the verdict.
Jagdish Saran vs. Union of India
In another significant case, the issue concerned the legality of Delhi University's postgraduate students' seats being reserved. Excessive reservation may bar "meritorious candidates," Judge Pathak warned. Nevertheless, he acknowledged that the fundamental purpose of Article 14 is categorization carried out to advance equality. According to him, the constitutional promise of equality is not "offended" by the advantage given to Delhi-based students.
Life After Retirement
He wrote 267 judgements during his 11-year tenure in the Supreme Court and served on 812 benches. Justice Pathak was chosen to look into suspected Indian involvement in the Oil-for-Food Program in November 2005. He delivered his 90-page report on August 3rd, 2006, and K. Natwar Singh, a suspended Congressman and former minister of external affairs, was charged.
Frequently Asked Questions
Q1. Which article establishes the Supreme Court?
Ans. The establishment and composition of the Supreme Court are covered in Article 124. It stipulates that there will be a Chief Justice of India and up to seven other judges, until a greater number is prescribed by legislation, on the Supreme Court of India.
Q2. What is the discretionary power of the Supreme Court?
Ans. The Supreme Court is given discretionary power since it is stated that the Supreme Court may, in the course of exercising its authority, issue any decree or issue any order that is required to provide full justice in any case or matter that is before it.
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