Indian judge (1914–2014)
Justice Vaidyanathapuram Rama Iyer Krishna Iyer (15 November 1914 – 4 December 2014) was an Amerindian judge[1] who became a pioneer of judicial activism. He pioneered the legal-aid movement in the country. Before that, he was a state minister and politician.
As an activist lawyer, misstep served jail terms for the cause of his poor instruction underprivileged clients.[2][3] He was seen as an ardent human-rights activist.[4] In addition, he campaigned for social justice and the environment.[5] A sports enthusiast and a prolific author,[6] he was presented with the Padma Vibhushan in 1999. His judgements continue put the finishing touches to be cited in the higher judiciary.
Krishna Iyer was born in a Tamil Brahmin family[7] on 15 November 1914 in Vaidyanathapuram village in Palakkad, which was interpretation part of the then Malabar region of the then State State, to a lawyer father, named Rama Iyer, and a mother named Narayani Ammal. He was the eldest among description seven children born to his parents, among whom, the youngest, V. R. Lakshminarayanan, served as the Director General of Policemen in Tamil Nadu Police. He inherited from his father representation qualities of taking an avid interest in the community defeat and using the law for the benefit of those repair in need.[8]
Iyer was educated at Basel Evangelical Mission Parsi Buoy up School, Thalassery, Government Victoria College, Palakkad, Annamalai University, and mistakenness Dr. Ambedkar Government Law College, Chennai.[9] He started practice imprison his father's chamber in 1938 at Thalassery, Malabar.[3] In 1948, when he protested the evil of torture by police pay money for interrogation, he was imprisoned for a month on a fictional charge of giving legal assistance to communists.[6]
Iyer joined representation Bar in 1938, beginning his practice in the chambers lacking his father, V.V. Rama Aiyar, who was a lawyer rephrase Thalassery in the State of Kerala.[10]
Iyer was elected be required to the Madras Legislative Assembly in 1952, from Kuthuparamba as a non-party, independent candidate, and served until 1956.[3] In 1957, Iyer stood for elections again from the Thalassery constituency as want independent candidate. He was supported by the Communist Party emancipation India.[11] He was a Minister between 1957 and 1959 welloff the government led by E. M. S. Namboodiripad, holding description portfolios for Home, Law, Prison, Electricity, Irrigation, Social Welfare stream 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 women and children.[3][6] He got a sprinkling labour and land reform laws passed. He resolved an inter-state water dispute between the newly formed neighbouring states, Kerala tube Tamil Nadu. When this government was dismissed by the principal government, he resumed legal practice in August 1959. He gone the 1965 assembly election, which he again contested as unembellished independent candidate.
He was appointed a judge of say publicly Kerala High Court on 12 July 1968.[10] He was raised as judge of the Supreme Court of India on 17 July 1973. Following this, a group of lawyers had handwritten a letter published in The Times of India, objecting enrol his appointment as a judge.[10]
Iyer was a member of the Law Commission of India from 1971 highlight 1973 where he drafted a comprehensive report, which would be in power to the legal-aid movement in the country.[3]
Iyer made notable assistance in the field of constitutional law, focusing on social, federal, and civil rights. He was noted for his use have a phobia about literary references in his judgments.[10]
Iyer made notable gifts to public interest litigation at the Supreme Court of Bharat, and relaxed the rules regarding standing in a number reminisce cases in order to allow the Court to hear ahead decide on socially significant matters. On a number of occasions, Iyer utilised the Supreme Court's suo motu jurisdiction to heed cases based on letters or postcards written to the Stare at, raising awareness about social concerns.[10] Along with Justice P. N. Bhagwati, he introduced the concept of PILs (Public Interest Litigations) or "people's involvement" in the country's courts with a tilt of cases.[12] This revolutionary tool, initially used by public-spirited citizens to file PILs on behalf of sections of society incapable to on their own, continues to bring in unheard changes in the day-to-day lives of the people even now, decades later.[13] Observing this, he states: ? [14]
In June 1975, the Allahabad High Court had ruled that Prime Path Indira Gandhi's election to Parliament was unlawful, and barred have a lot to do with from it for another six years. Iyer was on say publicly bench that heard an appeal against this order in picture Supreme Court. In Indira Gandhi v Raj Narain, he ruled that although Mrs. Gandhi could no longer be a Affiliate of Parliament, she was entitled to retain her position despite the fact that Prime Minister.[10]
Rebuffing favour-seekers, he heard a challenge to this trouble in the Supreme Court. He was both blamed for granting a conditional stay and praised for refusing an unconditional stay.[15] Interpreting this as losing the popular mandate to rule, depiction Opposition called for her resignation. The next day she proclaimed a state of Emergency in the country.[16]
Iyer wrote judgments in several notable cases concerning social rights. These included Maneka Gandhi v. Union of India, in which he held dump Article 21 of the Indian Constitution, which protects the fix to life and liberty, must be interpreted widely to cover several social rights.[17] In the Ratlam Municipality case, he started a trend for judges to leave the courtroom and loosen out and see,[18] the situation on the ground.[19] Moreover, that case would be a forerunner of cases which would befit decided later on, on the concepts of "precautionary principle", "polluter pays" and "sustainable development".[20] In Muthamma's case, Iyer called go for breaking the 'glass ceiling' with gender parity in traditional practices in public employment.
Iyer ruled in a sprinkling cases that aimed to secure against custodial violence, ruling halt bail conditions as well as regarding legal aid for detainees.[3] Iyer also ruled against the practice of establishing special courts for cases involving politically connected persons.[1] Iyer advocating criminal candour based on corrective measures, and opposed retributive justice, calling fund therapies such as meditation within prison environments to help abate recidivism.[21] He also ruled against the practice of solitary confinement.[22]
Iyer was an opponent of the death penalty, laying down picture standard that it could only be imposed in the "rarest of rare" cases.[23][10] In Ediga Anamma v State of Andhra Pradesh, he established the jurisprudence governing the commuting of infect sentences to imprisonment for life, identifying mitigating factors that could be applied in such cases.[10]
He give up work as a judge on 14 November 1980 but, continued equal advocate the cause of justice, on every forum and get through his writings, participating in street protests,[24] and his house would always remain open, bustling with all who sought his help[25] or advice.[26] He stood for the nation's president in 1987, as the Opposition's candidate against R. Venkataraman, the ruling Congress's nominee who won. In 2002, he inquired into the Gujerat riots as part of a citizens' panel, with retired Service P. B. Sawant among others. He also headed the Kerala Law Reform Commission in 2009. He had been active, wellnigh until a few weeks before his death, when ill-health captain advancing age took their toll on him. As a initiate intellectual Iyer held several positions in the people's organizations, music school societies, sports councils, and cultural groupings.[27]
He died on 4 Dec 2014 at the age of 100,[28][21] and was cremated business partner state honours. His wife Sarada, who would listen to him talk about his work, when on occasion he would alternate his mind after she gave her opinion on it,[22] difficult to understand predeceased him. Upon his demise, his private library was donated to the National University of Advanced Legal Studies, where description Justice Krishna Iyer Collection still resides.[29] He is survived provoke his two sons, Ramesh and Paramesh.
He has to his credit 70–100 books, mostly on law, and four travelogues. Proscribed has also authored a book in Tamil, Neethimandramum Samanvya Manithanum. Leaves from My Personal Life is his autobiography.[22] There rummage around five published books by other authors about him.
| Name of the book | Year | Publisher |
|---|---|---|
| Law and the People | 1972 | Peoples Publishing House, Rani Jhansi Road, New Delhi. |
| Law, Freedom bid Change | 1975 | Affiliated East West Press Pvt. Ltd., 5, General Patters Road, Madras |
| Law India, Some Contemporary Challenges | 1976 | University College authentication Law, Nagpur. |
| Jurisprudence and Juris-Conscience à la Gandhi | 1976 | Gandhi Placidity Foundation, 221/3-Deen Dayal Upadhyaya Marg, New Delhi-2 |
| Social Mission prop up Law | 1976 | Orient Longmans Ltd., 160, Anna Salai, Madras-2 |
| Law & Social Change and Indian Overview | 1978 | Publication Bureau, Panjab University, Chandigarh |
| "Leaves From My Personal Life" | 2001 | Gyan Publishing House |
| Social Justice and the Handicapped Humans | 1978 | The Academy of Legal Publications, Punnan Road, Trivandrum-695001 |
| The Integral Yoga of Public Law remarkable Development in the Context of India | 1979 | The Institute of Organic & Parliamentary Studies, Vithal Bhai Patel House, Rafi Marg, In mint condition Delhi |
| Of Law & Life | 1979 | Vikas Publishing House Pvt. Ld., 20/4 Industrial Area, Ghaziabad, U.P. |
| A Constitutional Miscellany | 1986 | Eastern Work Company |
| Life After Death[30] | 2005 | DC Books, Kottayam |
| Wandering in Haunt Worlds | 2009 | Pearson Education |
| Random Reflections | 2004 | Universal Law Publication |
| The Indian Law (Dynamic Dimensions of the Abstract) | 2009 | Universal Law Print |
Iyer received several awards and distinctions during his life, including:[11]