JUSTICE VR KRISHNA IYER entered 100th year today

By ANIL DIVAN

Justice Krishna Iyer, who enters his hundredth year today, took the Supreme Court in a new direction while evolving radical principles

Justice Vaidyanathapuram Rama Iyer Krishna Iyer was born on November 15, 1915, was sworn in as a judge of the Supreme Court on July 17, 1973 and retired at the age of 65 on November 14, 1980. He now starts his journey to complete a century.

Justice Krishna Iyer’s elevation to the Supreme Court raised eyebrows and scepticism in many legal circles. I must confess that my scepticism soon turned into admiration. Several judicial activists reached the Supreme Court of India in the mid-seventies. Justice Krishna Iyer wielded considerable influence on the thought processes of his colleagues such as Justice P.N. Bhagwati (later Chief Justice of India) and Justice Chinnappa Reddy. They were articulate, sensitive and had a strong desire to translate the vision of the constitution makers into reality.

Krishna Iyer, a revolutionary judge: 

By 1980, Justice Bhagwati and Justice Krishna Iyer became senior justices and took the Supreme Court in a new direction while evolving radical principles. Justice Krishna Iyer, a revolutionary at heart, principally triggered this internal revolution in the thought processes of his colleagues — a movement vigorously carried forward by Justice Bhagwati and Justice Chinnappa Reddy.

A new public interest jurisprudence was fashioned, the old ‘locus standi’ rules were jettisoned, epistolary litigation was encouraged and a strategy was evolved for giving relief to the disadvantaged and underprivileged. Procedural ‘due process’ was restored to centre stage, overruling earlier decisions. Consequently this radical transformation gave high international stature and visibility to the Supreme Court. It was an explosive enlargement of the court’s jurisdiction. It carved out a niche in the common citizens’ heart whose respect and adoration for the higher judiciary reached glorious heights.

Justice Krishna Iyer’s prolific judgments, his gentle and disarming demeanour as a judge, his unrivalled grasp of facts and law, his empathy for the disadvantaged, and his courtesy and consideration for the young lawyer appearing before him was a unique blend of judicial virtues.

Krishna Iyer wears his compassion on his sleeve: N. Ravi

Justice Krishna Iyer’s interim order of June 24, 1975 — a day before the Proclamation of Emergency on June 25, 1975 — in the Indira Gandhi case has a historical significance. Mrs Gandhi lost her election case and was disqualified. He did not give Mrs Gandhi, the serving Prime Minister, an unconditional stay despite huge media hype. She was allowed to function as Prime Minister, attend the House, but without a right to vote following well-settled precedents.

H.M. Seervai, the great constitutional lawyer but no uncritical admirer of Justice Krishna Iyer, wrote: “As the historian turns from the High Courts to the Supreme Court his task will be harder, for the history of the Supreme Court during the Emergency is a history of two different periods: the first began a day before the Emergency and ended with Prime Minister Indira Gandhi’s Appeal in the Election Case; the second began with the Habeas Corpus Case and ended with the revocation of the Emergency by a defeated Mrs Gandhi, unwilling to put into the hands of her opponents a weapon she had forged and used against them. Of the first period, the historian will say that the Supreme Court moved towards its finest hour, a day before the Proclamation of Emergency, when, on 24 June 1975, Krishna Iyer J., following judicial precedents, rejected an application made by Mrs. Gandhi that the Allahabad High Court’s order, finding her guilty of corrupt election practices and disqualifying her for 6 years, should be totally suspended. In the best traditions of the judiciary, Krishna Iyer J. granted a conditional stay of the Order under appeal, although he had been reminded by her eminent counsel, Mr. N.A. Palkhivala, “that the nation was solidly behind (her) as Prime Minister” and that “there were momentous consequences, disastrous to the country, if anything less than the total suspension of the Order under appeal were made”.”

Justice Krishna Iyer earned the unintended, unforeseen and doubtful distinction of having judicially fathered the Emergency leading to preventive detention of many opposition leaders including Jayaprakash Narayan, Atal Bihari Vajpayee, L.K. Advani and Morarji Desai.

Some reflections on the choice of a Chief Justice

He recalls in his book Off the Bench how the then Law Minister H.R. Gokhale, a good friend, expressed a desire to meet him at his residence after Mrs Gandhi’s disqualification by the Allahabad High Court judgment in connection with her appeal. He politely refused to see him and indicated that the correct way was to file the appeal in the Registry which would be taken up promptly.

After retirement

Justice Krishna Iyer’s crowning glory and finest hour were after retirement. He spurned the lure of pelf and power and governmental patronage and became an unrivalled champion of social justice, constitutional values and the rule of law. He blossomed into an iconic and inspirational figure both nationally and internationally.

The Krishna Iyer effect on the Supreme Court

The renowned Australian Judge Michael Kirby, a former President of the International Commission of Jurists, described him as “incontestably one of the great spirits of the common law of this century.”

Justice Krishna Iyer’s services to the nation, the rule of law, the judiciary and the disadvantaged and underprivileged give him a stature comparable to many who have been honoured with a Bharat Ratna. Many believe that his unique, lustrous and incomparable contributions earn him the sobriquet of Nyaya Ratna.

FROM MY ARCHIVES (RB KISHORE):  

Please click below

B)Respected & Revered Judge,

I)S.B. Civil Writ Petition No. 654 of 2007 entitled Krishna Murari Lal Asthana and others vs. Life Insurance Corporation of India and others on the subject of revision of pensions, and S.B. Civil Writ Petition No. 6676 of 1998 entitled Krishna Murari Lal Asthana vs. Union of India and another on the subject of payment of Dearness Relief to Pensioners have been allowed by Hon Rajasthan High Court by its order dt 12/1/2010

The eminent Judge,Justice M.N.Bhandari ,in his verdict , draws inspiration from  a host of cases . The judgement categorically asserts that DR at Full Rate,ie 100%,  has to be paid to pre-8/1997 pensioners & that all pensioners have to be paid at SAME RATE, equal to that of Employees & no discrimination should exist

The Hon’ble Rajasthan High Court has held that on the basis of date of retirement there cannot be any discrimination between the Pensioners interse.  All pensioners are entitled to revision of pensions as and when pay scales are revised. By not giving revision in pension ,it will be violative of Article 14 & 16 of Constitution . He draws from Nakara judgement important provisos of EXISTING & NEW & upholds that any changes or improvements must be deemed as coming under Existing category & hence made applicable to pensioners too.The decision of the Board taken in its meeting dated 24/11/2001 but not implemented on account of misnomer of approval of the Central Government has been directed to be implemented with the above modifications.

 

II)In this context, we submit that the Hon’ble Supreme Court has in its recent judgment rendered on 3/6/2010 has further supported our case and the judgment of the Hon’ble High Court, wherein it has inter alia, ruled that the State has no authority to interfere in the decisions of Boards of institutions which are independent to take their own decisions and also gave directions about the responsibility of the administrative officers to implement such decisions, and not to file needless litigation

The worst sufferers are the Pensioners who are fighting for their retiral benefits denied for one reason or the other for years together, sorry to say with tears ,even more than a decade ! They are senior citizens and many pass away without seeing any ray of hope of getting justice due to long time taken in decision of cases. 

The right to life as guaranteed by the Constitution of India under Article 21 is breached not only by the States but by the High Courts as well. This, you will agree,Sir, is deplorable as dispensers of justice must bring solace & comfort to the needy litigants with a spirit of zeal & zest & when justice is trampled upon,Courts must immediately step in & remedy the injustice perpetrated in any garb whatsoever.  The State does it by arbitrarily denying the legally payable retiral benefits and the judiciary by delaying the delivery of justice.  Pension is a social welfare measure rendering socio-economic justice..Pensioners shd not be left in the lurch.There is already a sense of great hurt & deprivation ,if not betrayal

III) How can anyone’s conscience be quiet or indifferent when allround ,everywhere good improvements are taking place & we, the LIC pensioners are cast aside &  still  linger  & live in  the 6/1995 pension mould, ie IV Pay Commission,  as first notified ?

It is here that the Jaipur judgement marked a milestone & a fresh breather for entire pensioners’ fraternity.

6^th Pay Commn acceptance with improvements makes Insce pension look like pygmy pension, the gap is unbridgeable.Even so-called FamilyPension of Govt pensioners  is much higher than total Regular  Pension of insce pensioners.It is a travesty of justice to witness such gaping,unbelievable differences in pension amongst various Sectors & disciplines. Let there be a modicum of decent comparison amidst Govt & Insurance sector . LIC  is always an Open Book of unqualified adulation & accolades & awards galore.  Financial & Service sectors are the real engines & accelerators of India’s growth. Judges must bear all these & deliver fitting answers to this perplexing anamolies & paradoxes unnecessarily being built, without proper, intelligent, fair,transparent  & equitable solution.

Social justice & empowerment to Seniors demand lot of suave,empathetic decisions in their favour. As an institution of national pride, par excellence in performance & earning encomiums from PM, FM & all quarters, it will be in the fitness of things ,that this Jaipur judgement is honoured in letter & spirit & implemented in full. Lack of money power, lungpower, muscle power, political power must be addressed & compensated ONLY by a Sane Judiciary by a favourable decision as demands  are modest, logical & coherent.

IV) More so after the 23/6/2010 National Litigation Policy announced by Law Minister,it will be suffocating if the golden & guardian principles are immediately thrown to the wind by the Powers that be. In fact, Sir, ours must be treated  as the first case to have come under this purview & umbrella &  ipso facto appeal ,if any, to be rejected outright. We are now reproducing hereunder the relevant provisions of the National Litigation Policy announced by the Union Law Minister for your kind reference:

Appeals, adjournments, delays restricted

Appeals would no longer be filed in:

• ex parte ad interim orders,
• tribunal hearings or administrative tribunals, unless in exceptional cases,
• service matters that only pertain to "individual grievance without any major repercussion" or pension or retirement benefits that do not have precedential or financial implications, or
• revenue matters unless the stakes are high or in a number of other exceptions

Appeals to the Supreme Court would only be allowed if:

• a case involves a question of law or a question of law under the constitution,
• a conclusion of fact by the lower court was "perverse" or a High Court's decision was "plainly erroneous",
• public finances are adversely affected,
• it substantially interferes with "public justice", or
• a High Court exceeded its jurisdiction or has struck down a statutory provision as ultra vires.

 V)    Especially, we Elders shall be deeply indebted to you, if you can talk to, write to Hon Finance Minister Sri Pranab Mukherjee,Law Minister Sri Veerappa Moily & also the Prime Minsiter,as our fate is hanging by a small thread. PM has openly advocated full operational autonomy including human resources management in all its facets.

      We plead with you in all humility & modesty to intervene to ensure LIC accepts & honours the Rajasthan High Court judgement. Coming as it does after 12 years,when the inequities, anamolies & discrepancies are being sorted out by this Judgement,to a large extent & when hundreds of pensioners have already died,it ill behoves this sterling institution LIC, to go in for appeal,again causing untold delay & misery.

       Retirees have done yeoman service to the cause of institution & society ,which they honourably served ,with devotion & dedication, finding now uncared, unwept & unsung & being treated as Secondary citizens & UIP-UnImportant Persons. Let not this Oxygen be extinguished by any ill-advised move to question & appeal against the verdict., more so with this new Bible of National Litigation policy explicitly prohibiting appeals in case of Elders getting retiral or pensionary benefits,after a Court order.

        You are an eminent person,your valued, impeccable judgements covered many range of disciplines, your speeches & articles on wide-ranging topics & human values & rights have always been a beacon-light to the entire nation. We are confident your plea will certainly ensure empathy &  good sense  will prevail & thus induce cheer & smile on the faces of the beleagured pensioners & bring good dividends & rejoicing.

          Thanking you, Sir, again,

                                                                   Yours faithfully,

O44-2815 5810

098403 40591                                            (R.B.KISHORE)

                                      ED(Retd),LIC & VICE-PRESIDENT,AIRIEF       

  I had the good fortune to talk to him only twice on phone, a feeble but clear voice

I also deputed friend pensioners from Trivandrum & Ernakulam & they did a good job

In fact, no sooner the reply was sent by the Beeshma Pitha of legal jurisprudence to Sri Pranab, then FM, pat comes the tele call from his PA Smt Chandrika I kept in touch with her & also PS Smt Padma Ramanathan

  -- these are all unforgettable memories in our voyage to safe harbor of annexing twin benefits sooner.No efforts will go in vain---RBKishore,VP,AIRIEF  I am itching to talk to him the MOMENT WE ALL GET VICTORY.HOPE THE ALMIGHTY WILL GRANT ME THAT BOON,INDEED A SOLID FLASH IN THE LIFE OF MEN, WILL IT BE-----RBK