Analysis of Justice P.N. Bhagwati's Ideology
|CONSTITUTIONAL LAW PROJECT |
|ANALYSIS OF JUSTICE PN BHAGWATI’S IDEOLOGY THROUGH HIS LANDMARK |
|JUDGEMENTS |
|PARUL SHARMA |
|ROLL NO 99 |
CONTENTS
CHAPTER I
INTRODUCTION 2
1.1 Justice P.N. Bhagwati: An overview 2
1.2 PURPOSE AND OBJECTIVE OF THE STUDY AND THE METHODOLOGY ADOPTED. 4
CHAPTER II
IMPACT ON INDIAN JUDICIARY 5
2.1 INDEPENDENCE OF JUDICIARY FROM JUSTICE BHAGWATI’S STANDPOINT 5
CHAPTER III
EVOLUTION OF JAIL JURISPRUDENCE 11
4.1 DEVELOPMENT OF JAIL JURISPRUDENCE: INTRODUCTION 11
4.2RECOGNITION OF PRISONERS RIGHT TO FREE LEGAL AID 12
4.3 ARTICLE 21 ASSIMILATION IN JAIL JURISPRUDENCE 13
CHAPTER IV
ROLE IN EVOLVING ENVIRONMENTAL JURISPRUDENCE 15
3.1 INDIAN ENVIRONMENTAL JURISPRUDENCE: ROLE OF JUSTICE BHAGWATI. 15
CHAPTER V
CONCLUSION 17
REFERENCES 19
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
|ANALYSIS OF JUSTICE PN BHAGWATI’S IDEOLOGY THROUGH HIS LANDMARK |
|JUDGEMENTS |
|PARUL SHARMA |
|ROLL NO 99 |
CONTENTS
CHAPTER I
INTRODUCTION 2
1.1 Justice P.N. Bhagwati: An overview 2
1.2 PURPOSE AND OBJECTIVE OF THE STUDY AND THE METHODOLOGY ADOPTED. 4
CHAPTER II
IMPACT ON INDIAN JUDICIARY 5
2.1 INDEPENDENCE OF JUDICIARY FROM JUSTICE BHAGWATI’S STANDPOINT 5
CHAPTER III
EVOLUTION OF JAIL JURISPRUDENCE 11
4.1 DEVELOPMENT OF JAIL JURISPRUDENCE: INTRODUCTION 11
4.2RECOGNITION OF PRISONERS RIGHT TO FREE LEGAL AID 12
4.3 ARTICLE 21 ASSIMILATION IN JAIL JURISPRUDENCE 13
CHAPTER IV
ROLE IN EVOLVING ENVIRONMENTAL JURISPRUDENCE 15
3.1 INDIAN ENVIRONMENTAL JURISPRUDENCE: ROLE OF JUSTICE BHAGWATI. 15
CHAPTER V
CONCLUSION 17
REFERENCES 19
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
References: 1. Aharon Barak’s, The judge in a Democracy, 2006, pg. 77, Princeton Univ. Press 2 5. R. Sharma, Human Rights and Bail, 2002 APH Publishing, p. 155 6 7. Judicial Independence: The Contemporary Debate (Shimon Shetreet & Jules Descheves eds 1985) 8 9. Proceedings of the First All India Indo-GDR Law Seminar on "The Role of Judiciary in Transformation of Society--India-GDR Experiments" held in Delhi January 21-23, 1983 10 11. S.S. Prakash and P.V.N. Sarma, ‘Environment Protection vis-à-vis Judicial Activism’, 2 Supreme Court Journal 56 (1998). 3. People’s Union for Democratic Rights v. Union of India A.I.R. 1982 S.C. 1473 4 5. Bandhua Mukti Morcha v. Union of India A.I.R. 1984, SC. 802. 6. Bihar Legal Support Society v. Chief Justice of India and anothers (1986), 4 S.C.C. 767 7 8. M.C. Mehta v. Union of India (1987) 1 SCC 395. [2] http://supremecourtofindia.nic.in/judges/bio/pnbhagwati.html [3] Judicial Independence: The Contemporary Debate (Shimon Shetreet & Jules Descheves eds 1985) [6] Cited in Aharon Barak’s, The judge in a Democracy, 2006, pg. 77, Princeton Univ. Press. [12] A.I.R. 1982 S.C. 1473 [13] A.I.R [15] (1986), 4 S.C.C. 767. [26] S.S. Prakash and P.V.N. Sarma, ‘Environment Protection vis-à-vis Judicial Activism’, 2 Supreme Court Journal 56 (1998). [31] (1987) 1 SCC 395. [32] Environmental Jurisprudence in India, C.M. Abraham, 1999 Kluwer Law International, p. 110