Judge Pardiwala is set to be CJI

He will be the sixth Supreme Court justice from the Parsi community.

He will be the sixth Supreme Court justice from the Parsi community.

Justice Jamshed Burjor Pardiwala, who will be sworn in as Supreme Court Justice along with Justice Sudhanshu Dhulia on Monday, will be the sixth Supreme Justice of the Parsi Community Court.

In line to be the community’s third Chief Justice of India, Justice Pardiwala would serve as Chief Justice for just over two years and lead the court into the next decade.

The first member of the Parsi community to sit on the Supreme Court was Justice Dinshah Pirosha Madon in the early 1980s. India’s two Chief Justices, Justices Sam Piroj Bharucha and Justice Sarosh Homi Kapadia, were appointed senior judges almost 10 years apart. Judge Bharucha was appointed CJI in 2001 and Judge Kapadia in 2010.

Then there were the two ‘Narimans’. Justice Sam Nariman Variava, formerly a part-time law professor at Sydenham College in Bombay, served as a Supreme Court justice between 2000 and 2005. A decade later, the court witnessed in Justice Rohinton Fali Nariman a brilliant fate and a flurry of judgments in areas. laws as varied as death penalty review, freedom of speech and insolvency laws, to name a few.

Decline invitations

George H. Gadbois Jr.’s “Supreme Court Justices of India 1950-1989” mentioned that Justice Madon was not the first Parsi to be asked to sit in the seat of the supreme court. “HM Seervai and NA Palkhivala in the late 1950s declined invitations, as did Fali Nariman in the late 1970s”.

But Judge Madon, who had aspired to be a journalist and writer but got into the law because his father thought the old jobs were “poorly paid positions”, accepted the court’s invitation to the bench in 1983 and briefly served as a Supreme Court Justice until his retirement in 1986.

Judge Madon faced difficulties with serenity both on and off the bench. When World War II ruined his plans to get his barrister’s credentials in London, he did law school at Government Law College, Bombay. Later, as a judge of the High Court in Bombay, he defended the right to freedom of expression against censorship during the state of emergency. After his retirement, Justice Madon wrote a sharp resignation letter to Vice President Singh’s government when his commission to investigate election violence in Meham constituency failed to receive an office, staff or budget.

Severe and fair judge

Then came Justice Bharucha, who became the 30th Chief Justice of India. Media reports from the time of his appointment as CJI showed that Justice Bharucha was portrayed in legal circles as a tough and fair judge who kept his distance from the political establishment. When the Supreme Court arrested author Arundhati Roy for his writings on the Narmada Dam issue, Justice Bharucha expressed a dissenting opinion, saying that “the shoulders of the court are broad enough to ignore their comments and that the attention should not shift from the rehabilitation of the ousted”. . Judge Bharucha’s judgment led to the dismissal of Jayalalithaa as Chief Minister of Tamil Nadu. The judge had ruled that no one convicted of a crime and sentenced to a prison term of at least two years can be appointed or continue to serve as chief minister.

Justice Variava, born in 1940, was a barrister who practiced in the High Court of Bombay and appeared in the Civil Court of the city. He was appointed as an Additional Judge of the Bombay High Court in 1986 and appointed as a Permanent Judge in 1987. He was appointed Chief Justice of the Delhi High Court in 1999 and elevated to the Supreme Court as a Judge in March 2000.

Justice Kapadia has been appointed as the 38th Chief Justice of India. A strict disciplinarian with interests as varied from theoretical physics to Buddhist philosophy, he was renowned for his keen sense of statistics. Judge Kapadia refused to budge in the face of a concerted decision to block the Allahabad High Court from issuing judgment in the Ayodhya title prosecution. He had maintained that the judicial functioning cannot be held to ransom by threats of violence.

Justice Nariman, who was India’s Solicitor General and the fifth lawyer in the country’s history to be directly appointed as a Supreme Court justice in 2014, was described by fellow justices as a “one-man army “whose judgments upheld freedom of expression in social media, decriminalized homosexuality, the permitted entry of women into the Sabarimala temple, the lifting of political parties for presenting candidates with a criminal past. He guided the Insolvency and Bankruptcy Code through its early years.

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