Vishweshwar Nath Khare: Former Chief Justice of India


Visheshwar Nath Khare, the Chief Justice, was born in Allahabad on May 2, 1939. On November 28, 1961, he joined the Allahabad Bar after receiving his L.L.B. from Allahabad University and set up a residence close to his family. Before being appointed as a permanent judge in the Allahabad High Court on June 25th, 1983, he was appointed as Chief Standing Counsel for the Uttar Pradesh Government.

Personal Details

On May 2nd, 1939, Chief Justice V.N. Khare was born in Prayagraj, then known as Allahabad. He remained in Prayagraj throughout his academic career and received his degree from the prestigious St. Joseph's institution there. Justice Khare was a motivated student who expanded his interests beyond academics to include athletics. He was a model cricketer who later went on to play for the state of Uttar Pradesh in 1958's Ranji Trophy matches. After this, Justice Khare pursued higher education at Allahabad University.

Professional Details

Chief Justice V.N. Khare enlisted as a pleader at the High Court of Judicature at Allahabad, one of the nation's oldest high courts, located in the present-day city of Prayagraj, in the year 1961. His career as an advocate officially began at this point. Justice Khare initially concentrated nearly entirely on cases involving Civil, Writ, and Revenue petitions. Justice Khare was appointed a judge of the Allahabad High Court on June 25th, 1983. He was previously the then-Government of Uttar Pradesh's Chief Standing Counsel. Justice Khare was appointed as the Chief Justice of the Allahabad High Court in 1996, which was almost 13 years later. He was appointed to the Supreme Court of India shortly after accomplishing this unusual feat.

The infamous State of Uttar Pradesh v. Raj Narain case from 1975 is without a doubt one of Justice Khare's most significant rulings. The Emergency case is the most popular name for this instance. It involved Indira Gandhi, the former prime minister. In this case, Raj Narain, a former freedom fighter turned politician who accused the then-Prime Minister of electoral malpractice and won, was opposed by Indira Gandhi, who was defended by Justice Khare and his uncle S.C. Khare. Sadly, Indira Gandhi's defeat in this case ultimately resulted in her being removed from her position, at which point she established an Emergency in India. After then, Justice Khare requested for the matter to be heard by the Supreme Court. Following the Supreme Court's ruling, the nation entered a 19-month state of emergency. This predicament is a singular instance of the suspension of democracy that has existed in the nation since its independence in 1947.

The first of Justice Khare’s disputes to be clarified is his stance on the violence in Gujarat in 2002. Given that the judge disparaged the current prime minister and former chief minister of Gujarat, Narendra Modi, the latter criticized the judge's viewpoint and categorically stated that, in his opinion, judges should refrain from engaging in politics and confine their remarks to their area of expertise. Justice Khare was also criticized for delaying or avoiding any potential backlash for his remarks by waiting until after his retirement from office, given that the current Prime Minister was cleared of all charges after being implicated and named as the instigator of the riots.

Justice Khare resigned in 2004, but the controversial remarks were made in 2012. Justice Khare's comment that judges are above the law and his assertions that he is to blame for rescuing India's legal system from the appalling state it was in before he got engaged have also generated considerable controversy. Later, Justice Khare went into more detail about his remarks and said that his original intent was to indicate that the existing system permits judges to act any way they choose and that he hopes that will change soon. Aside from the aforementioned controversies, Justice Khare is praised for being a committed professional who gave it his all and for serving as an excellent example for young judges.

Justice Khare has occasionally appeared on television since his retirement to provide his perspective on current events. He occasionally shares his opinions on current events with the press of different media organizations. One of his comments on the infamous and tragic murder of Jessica Lal by Manu Sharma, the son of Venod Sharma, a powerful politician and Member of Parliament chosen by the Congress party, stands out above the others. Justice Khare has maintained some level of activity after his retirement and is frequently in the news. He is currently working at the Central University of Jharkhand as Chancellor. Justice Khare was awarded the Padma Vibhushan in 2006, the second-highest civilian honor.

Fact Detail
NameVishweshwar Nath Khare
Date of Birth2 May 1939
Alma MaterAllahabad University
Official Tenure19 December 2002- 2 May 2004
PresidentA.P.J. Kalam
Preceded byGopal Ballav Pattanaik
Succeeded byS. Rajendra Babu
As Judge33 Chief Justice of India

Major Judgement

In the case of Union of India v. Navin Jindal, he presided as Chief Justice on January 23, 2004, and his decision upheld citizens' basic rights to fly the tricolor flag. Before this ruling, limitations had been imposed, limiting the display of the flag to specific occasions and to only official government facilities. The court ruled that such limitations violated the fundamental right to free expression and that the so-called "Flag Code of India" at the time was merely a set of executive directives and not a binding legal document.

FAQs

Q1. Who had appointed V. N. Khare as the Chief Justice of India?

Ans. Former President A. P. J. Kalam had appointed V. N. Khare as the Chief Justice of India on 19 Dec 2002.

Q2. Which High Courts did V. N. Khare serve before being appointed as a judge of the Supreme Court of India?

Ans. In 1983, V. N. Khare was appointed as a Judge of the Allahabad High Court. Further, in 1996, he was appointed as Chief Justice of the Calcutta High Court. And, finally he was elevated to the Supreme Court of India.

Updated on: 27-Jan-2023

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