“The job of a judge is to figure out what the law says, not what he wants it to say. There is a difference between the role of a judge and that of a policy maker…..judging requires a certain impartiality.”
But it takes a lot of effort and knowledge for a judge to interpret the law which serves the people’s interest as well as stays within the limits of words provided by the legislature. As the latin maxim says,
“SALUS POPULI SUPREMA LEX ESTO”
The welfare of people is the supreme law, enunciates the idea of law.
The second chief justice of India was a part of a bench of a number of landmark cases in which the scope of fundamental rights is widened by staying within the boundary of words to ensure the welfare of citizens of the country.
MANDAKOLATHUR PATANJALI SASTRI, EX -CHIEF JUSTICE OF INDIA
M. Patanjali Shastri was the second chief justice of independent india.
|BORN||4. January. 1889 At Mandakolathur, madras presidency( nowadays called as Triuvannamalai, in tamil nadu.)|
|Parentage||Father- Pandit krishna sastri, a senior sanskrit pandit of Pachaiyappa’s college.|
|Married life||He has 7 children and as per some other sources 8 children- 3 sons and 5 daughters.|
|Qualification||After completing his schooling he completed his graduation in B.A from Madras University in 1910 and then completed his LL.B in 1912 from the same university.|
|Enrollment||He enrolled as an advocate in Madras high court in 1914 and started his practice.|
|Specialization||He had special expertise in tax law, particularly with Chettiar clients.|
|Distinct remark||He was the first member of the Madras bar council to become the chief justice of India in 1952.|
CAREER IN LEGAL FIELD
- In 1922 due to the recognition of his exceptional abilities he was appointed as standing counsel to the commissioner of income tax.
- From 1922 to 1939 he worked in the standing committee and then he was elevated to the position of judiciary in 1939.march.15.
- He was renounced at that time because he along with Sidney Wadsworth tried notable and complicated cases that arose due to passing of Madras Agriculturists Debt Relief Act.
- On 6. December. In 1947 he was the third senior most judge of Madras high court.
- Based on seniority he in a brief period of time rose to the position of judge of federal court.
- He soon was elevated to the rank of supreme court judge and due to the sudden demise of hiralal kania, chief justice he became the second chief justice of india on 6.november. 1951.
- He served for a period of 2 years and 3 days short of 2 months as the chief justice of india.
- He retired on 3. January. 1954.
POST RETIREMENT CONTRIBUTIONS TO LEGAL FIELD
|year||Area of work.|
|1956||He served as pro-chancellor of Delhi university till 1956.|
|1956- 1958||He joined the Delhi branch of the international law association and chaired the airlines compensation commission. His job underlines the supervision of nationalization of India’s airlines.|
|July 1958 – april 1962||From july 1958 he chaired as board of director of the press trust of india and alongside served on the Madras Legislative Council till April 1962.|
|1959 – 16 march 1963||He was an eminent sanskrit scholar so he served as an active member of the executive council of Benares hindu university.He had chaired the Central Sanskrit Board as well as the Kendriya Sanskrit Vidyapeeth at Tripati.|
He died on 16.march. 1963 due to cardiac arrest at the age of 74 years. He left behind a legacy built on nothing but sheer hard work and dedication towards his profession. He worked post retirement also till his last breath on the earth.
LANDMARK JUDGEMENTS DELIVERED BY HIS BENCH
Romesh thaper v. state of madras
1950 SCR 594
The court held that in case of violation of fundamental rights the aggrieved can reach the supreme court as well as high court depending on his will. The court held freedom of speech and expression includes freedom of propagation of ideas that can only be ensured by circulation.
Shankari prasad singh deo v. union of india
1952 SCR 89
The court upheld the validity of the 1st amendment of the Indian constitution as well as applied the rule of harmonious construction here between Article 368 and 13. They held that parliament has power to amend even the fundamental rights also but the judiciary can protect them by issuing writs.
Commissioner of income tax v. Ahmedbhai umarbhai
1950 SCR 335
The question on the definition of the term ‘business’ given under section 5 arose. The honorable court held that the expression part of business under section 5 doesn’t necessarily mean a separate composite unit of all activities of business. But it is wide enough to include one or more activities of business.
Delhi laws ACt, 1912
In re v. Part ‘C’ States laws Act
1951 SCR 74
The doctrine of delegation of power evolved in this case in india. Court held that the parent Act provides delegation can take place. But in the name of delegation a parallel authority cant be created.
State of Madras v. V.G. Row
1952 SCR 597
The section 15(2)(b) of Criminal Law Amendment Act, 1908 was challenged as violative of fundamental rights. The supreme court held that the same was unconstitutional and void under Article 19(4).
Patanjali, chief justice, taught us a valuable lesson that when you work so hard then it is impossible for the world to ignore a person. His work made him reach the rank of the chief justice of india.
“ It’s not about being the best , it is about being better than you were yesterday.”
Maybe by taking one small step at a time sooner or later you also find yourself at your destination before you even realized.
“This article is written by Daman preet kaur, pursuing law from Punjabi university, patiala.”
Image Source: Indian Express
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at email@example.com