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Sarosh Homi Kapadia: Former Chief Justice of India
Justice Sarosh Homi Kapadia was born on September 29th, 1947 in Mumbai. He was India's first chief justice who born after independence. He focused mostly on tax law. He was involved in important legal battles involving taxes, press coverage, and governmental transparency. He was preceded by Justice K. G. Balakrishnan and succeeded by Justice Altamas Kabir. He died in Mumbai on January 4th, 2016 (aged 68).
Early Life and Education
Justice Sarosh Homi Kapadia received his legal degree from the Government Law College in Mumbai, which is the oldest law school in Asia. Kapadia began his professional life as a class IV worker. He eventually worked as a legal assistant at a Mumbai law firm. He started out as a clerk at the law firm Gagrat & Co. before moving on to work with Feroze Damania, a well-known "firebrand" labor attorney. On September 10, 1974, he later became a member of the Bombay High Court as an attorney.
Career
Justice Sarosh Homi Kapadia began his legal career during the following time period:
On October 8, 1991, Kapadia was appointed as a second judge on the Bombay High Court, and on March 23, 1993, he became a permanent judge.
He was appointed as Chief Justice of the Uttarakhand High Court on August 5, 2003.
He was appointed a Supreme Court judge on December 18, 2003.
He was sworn in as the Chief Justice of India on May 12, 2010, by President Pratibha Patil. At the end of September 2012, he retired.
| Fact | Detail |
|---|---|
| Name | Sarosh Homi Kapadia |
| Date of Birth | 29th September 1947 |
| Alma Mater | Government Law College, Mumbai |
| Official Tenure | 12th May 2010 – 28th September 2012 |
| President | Pratibha Patil |
| Preceded by | K. G. Balakrishnan |
| Succeeded by | Altamas Kabir |
| As Judge | Additional judge of the Bombay High Court Chief Justice of the Uttarakhand High Court Judge of the Supreme Court of India Chief Justice of India |
Notable Judgments
The notable judgments are:
Vodafone International Holdings vs. Union of India ((2012) 733 SCC)
Vodafone received a notification from the Income Tax Department saying that the sale of a business it had bought outside of India to another foreign business was subject to Indian capital gains tax. However, Justice Kapadia ruled that neither of the two firms is subject to taxation for this transaction because they were both overseas and did not carry out their responsibilities in India.
Sahara India Real Estate Corporation Limited vs. Securities and Exchange Board of India (AIR 2013 SC 3829)
In this instance case, Justice Kapadia was confronted with the issue of how the media reported on court rulings. In addition to stressing the need to protect the parties' privacy, he also emphasized the value of press freedom and the dissemination of information. Instead of establishing broad rules, he gave the judges the discretionary authority to prevent media coverage of a case if it "creates a genuine and serious danger of bias to the proper administration of justice or the fairness of the trial.
Centre for PIL vs. Union of India ((2012) 3 SCC)
The panel headed by Justice Kapadia declared that P J Thomas' appointment as the Central Vigilance Commissioner was unlawful and ultra-vires. The Government came to the conclusion that the Government ignored due procedure in Thomas' nomination even though it is not liable to the Court for its policy judgments but rather for its legality.
Likewise, Justice Kapadia served on 1074 benches and wrote 305 decisions during his nine years on the Supreme Court. He served as both the Visitor of the National Law School of India University and the Chairman of the General Council of the Gujarat National Law University during his time as chief justice. In addition, he had a keen interest in theoretical physics, public finance, economics, and Buddhist and Hindu philosophy.
FAQs
Q1. How many high courts did Justice Kapadia serve before becoming Chief Justice of India?
Ans. Before being appointed as the judge of the Supreme Court of India, Justice Kapadia served on two High Courts. First of all, he was appointed as an additional judge of the Bombay High Court on October 8, 1991, and he became a permanent judge on March 23, 1993. Furthermore, he was promoted to Chief Justice of the Uttarakhand High Court on August 5, 2003. And, finally, on December 18, 2003, he was appointed as a judge of the Supreme Court of India.
Q2. Who has appointed justice Kapadia as the chief justice of India?
Ans. Former president Pratibha Patil has appointed justice Kapadia as the 38th Chief Justice of India.
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