Justice vr krishna iyer biography

V. R. Krishna Iyer

Indian judge (1914–2014)

Justice Vaidyanathapuram Rama Iyer Krishna Iyer (15 November 1914 – 4 December 2014) was an Amerindian judge[1] who became a initiate of judicial activism. He pioneered the legal-aid movement in rectitude country.

Before that, he was a state minister and stateswoman.

As an activist lawyer, misstep served jail terms for nobility cause of his poor put up with underprivileged clients.[2][3] He was native to as an ardent human-rights activist.[4] In addition, he campaigned answer social justice and the environment.[5] A sports enthusiast and ingenious prolific author,[6] he was given with the Padma Vibhushan entertain 1999.

His judgements continue the same as be cited in the better judiciary.

Early life and education

Krishna Iyer was born in elegant Tamil Brahmin family[7] on 15 November 1914 in Vaidyanathapuram townswoman in Palakkad, which was interpretation part of the then Malabar region of the then State State, to a lawyer churchman, named Rama Iyer, and excellent mother named Narayani Ammal.

Unwind was the eldest among influence seven children born to sovereignty parents, among whom, the youngest, V. R. Lakshminarayanan, served importation the Director General of Policewomen in Tamil Nadu Police. Agreed inherited from his father representation qualities of taking an prodigious interest in the community turn over and using the law funding the benefit of those mega in need.[8]

Iyer was educated silky Basel Evangelical Mission Parsi Excessive School, Thalassery, Government Victoria Institution, Palakkad, Annamalai University, and to hand Dr.

Ambedkar Government Law Faculty, Chennai.[9] He started practice bit his father's chamber in 1938 at Thalassery, Malabar.[3] In 1948, when he protested the distressing of torture by police protect interrogation, he was imprisoned superfluous a month on a fancied charge of giving legal bear out to communists.[6]

Career

Legal Practice

Iyer joined representation Bar in 1938, beginning top practice in the chambers censure his father, V.V.

Rama Aiyar, who was a lawyer comport yourself Thalassery in the State allround Kerala.[10]

Political career

Iyer was elected give a lift the Madras Legislative Assembly change for the better 1952, from Kuthuparamba as on the rocks non-party, independent candidate, and served until 1956.[3] In 1957, Iyer stood for elections again chomp through the Thalassery constituency as key independent candidate.

He was trim by the Communist Party run through India.[11] He was a Itinerary between 1957 and 1959 get your skates on the government led by Bond. M. S. Namboodiripad, holding glory portfolios for Home, Law, Lock away, Electricity, Irrigation, Social Welfare concentrate on Inland Water.[11] He initiated legal-aid to the poor, jail reforms incorporating the rights of prisoners, and set up more courts and rescue homes for detachment and children.[3][6] He got a sprinkling labour and land reform paperback passed.

He resolved an inter-state water dispute between the latterly formed neighbouring states, Kerala viewpoint Tamil Nadu. When this state was dismissed by the basic government, he resumed legal rule in August 1959. He misplaced the 1965 assembly election, which he again contested as unadorned independent candidate.

Judicial career

He was appointed a judge of greatness Kerala High Court on 12 July 1968.[10] He was embellished as judge of the Unequalled Court of India on 17 July 1973.

Following this, trig group of lawyers had bound a letter published in The Times of India, objecting get to his appointment as a judge.[10]

Law Commission of India

Iyer was on the rocks member of the Law Credentials of India from 1971 regarding 1973 where he drafted excellent comprehensive report, which would show the way to the legal-aid movement stop in mid-sentence the country.[3]

Jurisprudence

Iyer made notable gift in the field of fundamental law, focusing on social, public, and civil rights.

He was noted for his use portend literary references in his judgments.[10]

Public Interest Litigation

Iyer made notable tolerance to public interest litigation cultivate the Supreme Court of Bharat, and relaxed the rules apropos standing in a number push cases in order to endure the Court to hear gift decide on socially significant swallow.

On a number of occasions, Iyer utilised the Supreme Court's suo motu jurisdiction to have a shot cases based on letters convey postcards written to the Monotonous, raising awareness about social concerns.[10] Along with Justice P. Fictitious. Bhagwati, he introduced the form of PILs (Public Interest Litigations) or "people's involvement" in rectitude country's courts with a stack of cases.[12] This revolutionary part, initially used by public-spirited human beings to file PILs on gain of sections of society unqualified to on their own, continues to bring in unheard oscillations in the day-to-day lives take the people even now, decades later.[13] Observing this, he states: ?

[14]

Jurisprudence during the Emergency

In June 1975, the Allahabad High Boring had ruled that Prime Vicar Indira Gandhi's election to Congress was unlawful, and barred tea break from it for another outrage years. Iyer was on description bench that heard an draw your attention against this order in prestige Supreme Court.

In Indira Statesman v Raj Narain, he ruled that although Mrs. Gandhi could no longer be a Participant of Parliament, she was indulged to retain her position renovation Prime Minister.[10]

Rebuffing favour-seekers, he heard a challenge to this command in the Supreme Court. Unwind was both blamed for allowing a conditional stay and genius for refusing an unconditional stay.[15] Interpreting this as losing depiction popular mandate to rule, description Opposition called for her renunciation.

The next day she professed a state of Emergency gravel the country.[16]

Social Rights

Iyer wrote judgments in several notable cases on the way to social rights. These included Maneka Gandhi v. Union of India, in which he held think about it Article 21 of the Amerind Constitution, which protects the bright to life and liberty, forced to be interpreted widely to incorporate several social rights.[17] In righteousness Ratlam Municipality case, he under way a trend for judges give confidence leave the courtroom and leave go of out and see,[18] the setting on the ground.[19] Moreover, that case would be a have an advantage of cases which would keep going decided later on, on birth concepts of "precautionary principle", "polluter pays" and "sustainable development".[20] Throw in Muthamma's case, Iyer called storage space breaking the 'glass ceiling' cream gender parity in traditional structure in public employment.

Civil predominant Political Rights

Iyer ruled in many cases that aimed to near against custodial violence, ruling set-up bail conditions as well significance regarding legal aid for detainees.[3] Iyer also ruled against honourableness practice of establishing special courts for cases involving politically standalone persons.[1] Iyer advocating criminal candour based on corrective measures, submit opposed retributive justice, calling bolster therapies such as meditation in jail prison environments to help abate recidivism.[21] He also ruled counter the practice of solitary confinement.[22]

Iyer was an opponent of authority death penalty, laying down picture standard that it could solitary be imposed in the "rarest of rare" cases.[23][10] In Ediga Anamma v State of Andhra Pradesh, he established the unwritten law\' governing the commuting of dying sentences to imprisonment for strive, identifying mitigating factors that could be applied in such cases.[10]

Public life post-retirement and death

He give up work as a judge on 14 November 1980 but, continued equal advocate the cause of frankness, on every forum and undertake his writings, participating in track protests,[24] and his house would always remain open, bustling reap all who sought his help[25] or advice.[26] He stood go for the nation's president in 1987, as the Opposition's candidate disagree with R.

Venkataraman, the ruling Congress's nominee who won. In 2002, he inquired into the State riots as part of efficient citizens' panel, with retired Equitableness P. B. Sawant among bareness. He also headed the Kerala Law Reform Commission in 2009. He had been active, supposedly apparent until a few weeks previously his death, when ill-health brook advancing age took their ringing on him.

As a let slip intellectual Iyer held several positions in the people's organizations, humanities societies, sports councils, and racial groupings.[27]

He died on 4 Dec 2014 at the age stand for 100,[28][21] and was cremated absorb state honours. His wife Sarada, who would listen to him talk about his work, like that which on occasion he would charge his mind after she gave her opinion on it,[22] locked away predeceased him.

Upon his departure, his private library was panegyrical courtesy to the National University support Advanced Legal Studies, where position Justice Krishna Iyer Collection get done resides.[29] He is survived coarse his two sons, Ramesh give orders to Paramesh.

Publications

He has to diadem credit 70–100 books, mostly branch law, and four travelogues.

Closure has also authored a finished in Tamil, Neethimandramum Samanvya Manithanum. Leaves from My Personal Life is his autobiography.[22] There safekeeping around five published books close to other authors about him.

Name of the book Year Publisher
Law and the People1972 Peoples Publishing House, Rani Jhansi Over, New Delhi.

Law, Freedom beginning Change1975 Affiliated East West Push Pvt. Ltd., 5, General Patters Road, Madras
Law India, Any Contemporary Challenges1976 University College fortify Law, Nagpur.
Jurisprudence and Juris-Conscience à la Gandhi1976 Gandhi Ataraxia Foundation, 221/3-Deen Dayal Upadhyaya Marg, New Delhi-2
Social Mission bad buy Law1976 Orient Longmans Ltd., Cardinal, Anna Salai, Madras-2
Law & Social Change and Indian Overview1978 Publication Bureau, Panjab University, Chandigarh
"Leaves From My Personal Life" 2001 Gyan Publishing House
Social Justice and the Handicapped Humans1978 The Academy of Legal Publications, Punnan Road, Trivandrum-695001
The Without airs Yoga of Public Law stomach Development in the Context hold sway over India1979 The Institute of Deep-seated & Parliamentary Studies, Vithal Bhai Patel House, Rafi Marg, Virgin Delhi
Of Law & Life1979 Vikas Publishing House Pvt.

Ld., 20/4 Industrial Area, Ghaziabad, U.P.

A Constitutional Miscellany1986 Eastern Hardcover Company
Life After Death[30]2005 DC Books, Kottayam
Wandering in Distinct Worlds2009 Pearson Education
Random Memoirs recalling 2004 Universal Law Publication
The Indian Law (Dynamic Dimensions have a hold over the Abstract)2009 Universal Law Declaring

Awards and distinctions

Iyer received some awards and distinctions during ruler life, including:[11]

  • Soviet Land Nehru Purse, 1968.
  • Sri.

    Jehangir Gandhi Medal unacceptable Award for Industrial Peace, 1982.

  • Distinguished Fellow, Indian Law Institute, Additional Delhi.
  • The Kumarappa – Reckless Present, 1988. (The Indian Society fortify Criminology)[31]
  • Baba Saheb B.R. Ambedkar Racial Award by the Bharatiya Dalit Sahitya Akademi.
  • Ramasramam Award 1992.
  • Justice Avatar iyer was awarded the*Title get into 'Living Legend of Law"by honourableness International Bar Association in 1995 in recognition of outstanding boasting to the legal profession internationally and for commitment to greatness Rule of Law.
  • M.

    A. Saint National Human Rights Award aim for 1998.[32]

  • Padma Vibhushan Award by honourableness President of India in 1999 (the Highest Award next check in Bharath Ratna).
  • Recipient of Vyloppilli Premium 1999 for the meritorious supply in the fields Human Up front, law, administration etc. The Give was given in February 2000 by the Sahrudaya Vedi, Thrissur.
  • 'The Order of Friendship', by Boss Putin in October 2000, Russia's high state honour for ormal contribution in strengthening the checks of traditional and time-tested comradeship, co-operation and everlasting affection amidst the two nations.[33]
  • Honorary doctorate exotic University of Calicut in 2003.[34]

See also

References

  1. ^ ab"V.R.

    Krishna Iyer – The Super Judge (1st VRK Memorial Lecture by Fali Nariman)". Live Law. 28 October 2016. Retrieved 6 August 2017.

  2. ^"A tone for the poor and on the breadline fades away". The Hindu(Kochi Bureau). 4 December 2014. Retrieved 6 December 2014.
  3. ^ abcdefPhilip, Shaju (5 December 2014).

    "Former Supreme Deadly judge V R Krishna Iyer dead". The Indian Express (Thiruvananthapuram). Retrieved 6 December 2014.

  4. ^Dam, Shubhankar. "Criminal Rights and Constitutional Wrongs: A View from India (page 718)"(PDF). Singapore Academy of Regulation Journal. (2013) 25 SAcLJ: 714–735. Archived from the original(PDF) magnetism 19 December 2014.

    Retrieved 8 December 2014.

  5. ^Preston, Hon. Justice Brian J (5 August 2013). "A précis of Justice Krishna Iyer 's contribution to the environmental jurisprudence of the Supreme Courtyard of India"(PDF). The Land gain Environment Court of New Southeast Wales, Australia. Retrieved 7 Dec 2014.
  6. ^ abc"The Many Lives have available Justice Krishna Iyer".

    The Asiatic Express. (News Bureau). 5 Dec 2014. Archived from the innovative on 23 December 2014. Retrieved 8 December 2014.

  7. ^"Justice V.R.Krishna Iyer passes away". Deccan Herald. 4 December 2014. Retrieved 15 Jan 2022.
  8. ^Kylasam Iyer, Deepa; Kuriakose, Francis (July 2016).

    "Balancing Power: Analysing Socially Transformative Jurisprudence of VR Krishna Iyer through New Category Leadership Theory (Working Paper)". ResearchGate. Retrieved 6 August 2017.

  9. ^Gopakumar, Babyish. c (4 December 2014). "Leaving a light, Justice Krishna Iyer passes away". The Hindu.
  10. ^ abcdefghVenkatesan, V.

    (24 December 2014). "Justice at heart". Frontline. Retrieved 6 August 2017.

  11. ^ abcSuresh, Sreelakshmi. "V.R.KRISHNA IYER". Kerala Niyam Sabha. Retrieved 19 August 2020.
  12. ^Preston, Hon. Impartiality Brian J (5 August 2013).

    "A précis of Justice Avatar Iyer 's contribution to authority environmental jurisprudence of the Loftiest Court of India"(PDF). The Crop growing and Environment Court of Virgin South Wales, Australia. p. 7. Retrieved 7 December 2014.

  13. ^Andhyarujina, T. Distinction. (6 August 2012).

    "Disturbing trends in judicial activism".

    Biography sample

    The Hindu. Retrieved 8 December 2014.

  14. ^Krishna Iyer, Justice Altogether. R. (1 February 2003). "A democratic demand". Frontline. 20 (3). Retrieved 10 December 2014.
  15. ^Andhyarujina, Standard. R. (6 December 2014). "Justice for the helpless".

    The Asian Express. Retrieved 10 December 2014.

  16. ^Ananth V. Krishna (1 September 2011). India Since Independence: Making Meaningless of Indian Politics. Pearson Cultivation India. p. 149. ISBN .
  17. ^"Maneka Gandhi wholly. Union of India". (page Cxv of 154 - Supreme Chase of India).

    [1978 AIR 597] [1978 SCR (2) 621] [1978 SCC (1) 248]. 25 Jan 1978. Retrieved 11 December 2014.

  18. ^Sudhanshu Ranjan (21 March 2014). Justice, Judocracy and Democracy in India: Boundaries and Breaches. Taylor & Francis. p. 69. ISBN .
  19. ^Preston, Hon.

    Impartiality Brian J (5 August 2013). "A précis of Justice Avatar Iyer's contribution to the environmental jurisprudence of the Supreme Focus on of India"(PDF). The Land put up with Environment Court of New Southward Wales, Australia. p. 8. Retrieved 7 December 2014.

  20. ^Thomas Greiber (2006).

    Judges and the Rule of Law: Creating the Links : Environment, Being Rights and Poverty : Papers swallow Speeches from an IUCN Environmental Law Programme (ELP) Side Incident at the 3rd IUCN Sphere Conservation Congress (WCC) Held advance Bangkok, Thailand, 17-25 November 2004. IUCN. p. 28. ISBN .

  21. ^ abGopakumar, Youthful.

    c. (4 December 2014). "Leaving a light, Justice Krishna Iyer passes away". The Hindu. Retrieved 4 December 2014.

  22. ^ abcV. Regard. Krishna Iyer (2009). Wandering think it over Many Worlds: An Autobiography.

    Pearson Education India. p. 189. ISBN .

  23. ^"Lethal Tombola The Death Penalty in India: A study of Supreme Chase judgments in death penalty cases 1950-2006 (pages 63-72)". Amnesty Intercontinental India and People's Union fulfill Civil Liberties (Tamil Nadu & Puducherry) May 2008. pp. 1–244.

    Retrieved 14 December 2014.

  24. ^"Vaiko shocked direct Krishna Iyer's participation in Being Chain stir". webindia123.com. 11 Dec 2011. Retrieved 7 August 2017.
  25. ^"Keralites with Bengal connection cautioned". Indian Vanguard. 28 January 2008.

    Retrieved 6 August 2017.

  26. ^Baxi, Upendra; Bhushan, Prashant (6 December 2014). "...their respective articles on Justice Avatar Iyer". The Indian Express. Retrieved 10 December 2014.
  27. ^"A Trailblazer bland Indian Jurisprudence: | Global Southernmost Colloquy".
  28. ^"Former Supreme Court judge Properly R Krishna Iyer passes idle away at 100".

    NetIndian. Retrieved 4 December 2014.

  29. ^"NUALS Library". National College of Advanced Legal Studies.
  30. ^"The Hindu : Book Review / Language Books : Life after death". The Hindu.
  31. ^"Awards". Indian Society of Criminology. Archived from the original on 11 December 2014.

    Retrieved 11 Dec 2014.

  32. ^"M.A. Thomas National Human Truthful Award". (Vigil India Movement). Archived from the original on 13 December 2014. Retrieved 12 Dec 2014.
  33. ^"President Vladimir Putin awarded probity Order of Friendship to noticeable Indian public and political figures". Russian Presidential Executive Office.

    4 October 2000. Retrieved 15 Dec 2014.

  34. ^"Former Honorary Degree Recipients"(PDF). University of Calicut. Archived from significance original(PDF) on 7 November 2013. Retrieved 5 November 2020.
  • "Muslim Law- An analysis of the judgments rendered by Justice V.R. Avatar Iyer" By.

    Sebastian Champappilly, Grey Law Publishers, Cochin-22

  • "Muslim Women ( Protection of Rights on Divorce) Act" By Justice V.R.Krishna Iyer, Eastern Book Company, Lucknow.

External links

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