Analysis of Justice P.N. Bhagwati's Ideology

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|CONSTITUTIONAL LAW PROJECT | |ANALYSIS OF JUSTICE PN BHAGWATI’S IDEOLOGY THROUGH HIS LANDMARK | |JUDGEMENTS | |PARUL SHARMA | |ROLL NO 99 |

CONTENTS
CHAPTER I

INTRODUCTION2

1.1Justice P.N. Bhagwati: An overview2

1.2 PURPOSE AND OBJECTIVE OF THE STUDY AND THE METHODOLOGY ADOPTED.4

CHAPTER II

IMPACT ON INDIAN JUDICIARY5

2.1 INDEPENDENCE OF JUDICIARY FROM JUSTICE BHAGWATI’S STANDPOINT5

CHAPTER III

EVOLUTION OF JAIL JURISPRUDENCE11

4.1 DEVELOPMENT OF JAIL JURISPRUDENCE: INTRODUCTION11

4.2RECOGNITION OF PRISONERS RIGHT TO FREE LEGAL AID12

4.3 ARTICLE 21 ASSIMILATION IN JAIL JURISPRUDENCE13

CHAPTER IV

ROLE IN EVOLVING ENVIRONMENTAL JURISPRUDENCE15

3.1 INDIAN ENVIRONMENTAL JURISPRUDENCE: ROLE OF JUSTICE BHAGWATI.15

CHAPTER V

CONCLUSION17

REFERENCES19

CHAPTER I

INTRODUCTION

1 Justice P.N. Bhagwati: An overview

“The Judge is not a mason but an architect,

There is no ad hocism about a truly great Judge

He must be absolutely clear where he is going.”

- Praful Natwarlal Bhagwati[1]

Justice Bhagwati has always held a very distinguished stand throughout his career, known as a judge of great political vision. No doubt Justice Bhagwati’s public life preceded his personal life. He is counted among the patriotic Indians of his times, who had whole-heartedly in the Indian Freedom Movement. He participated actively in the Quit India Movement, responding to Mahatma Gandhi’s call in 1942. In pursuance of the same, he had to be underground for four months to avoid arrest.

As regards his professional career, he graduated in Maths (hons) in Ist class from Elphinstone College, Bombay in 1941, where he was also appointed as a fellow. Thereafter he took his law degree in Ist class form Government Law College, Bombay. He started his practice from high Court, Bombay and became a judge of Gujrat high Court in 1960. In 1967, he was appointed as the Chief Justice of Gujrat high Court. He was elevated as judge of Supreme Court in the year 1973. And was finally appointed as the Chief Justice of India in 1985 after which he retired in December 1986. Justice Bhagwati also presided over various committees in the capacity of chairman. I. He was the chairman of the Legal Aid Committee appointed by the Government of Gujrat for suggesting ways and means of providing free legal aid and advoce to the poor and weaker section of the community

II. He also acted as the chairman of the State Legal Aid Committee or running the pilot project of Free Legal Aid and Advice in Gujrat.

III. Chairman of the Judicial Reform Committee set up by government of Gujrat.

IV. Chairman of the Gujrat Kendra of Bhartiya Vidya Bhawan[2].

Justice Bhagwati in his own capacity and in several respects has initiated the current modernization of the Indian state. His principal initiatives which manifest his ideology have borne testimony to the same. Justice Bhagwati had been a judge of Supreme Court for almost a decade before he was appointed the chief Justice of India in 1985. And since then his judgments have holded immense value and significance encapsulating and expounding various significant principles of administrative laws.

Justice Bhagwati in his boldness and visionary zeal has effected revolutionary changes in the various fields of laws. Justice Bhagwati changed and expanded the commercial laws of the country, which included expanding law of promissory estoppel distinguishing between rights of property owner and the political detenu. However his principal initiatives would always revolve around evolving the Indian environmental jurisprudence, giving new meaning to concepts like social justice by introducing...
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