'Our Constitutional Legacy Is Dotted With Events He Helped Create': CJI Chandrachud Pays Tribute To Late Shanti Bhushan

In a full court reference of the Supreme Court held on Thursday, Chief Justice DY Chandrachud paid tribute to late Shanti Bhushan, Veteran Advocate, Politician and Former Union Law Minister, who passed away on 31st January 2023. The CJI praised the indomitable spirit of Shanti Bhushan and his commitment to the constitutional essence of democracy. 'Our constitutional legacy is dotted with events Mr. Shanti Bhushan helped create or shape' the CJI said.

Recounting his contributions to the country as a lawyer, the CJI recounted the landmark Raj Narain case of Indira Gandhi V. Raj Narain, where Shanti Bhushan represented Narain. "In the landmark election case of the prime minister, Indira Gandhi V Raj Narain, Raj Narain was represented by the indomitable Shanti Bhushan. The case as he recounts in his book aroused both pride and envy in equal measure. Pride for the independence of the Indian Judiciary and envy among American lawyers who expressed amazement at the impossibility of a similar outcome in its own judicial system, which otherwise prides.. or atleast prided itself in its liberal tradition." The CJI also added that during the emergency, Shanti Bhushan championed the cause of liberty and justice. 

Referring to Shanti Bhushan's significant contribution to the Basic Structure doctrine, the CJI said "in his challenge to the 39th constitutional amendment, Shanti Bhushan put the nascent basic structure doctrine to its first application. The amendment had sought to retrospectively take away the High Courts’ power to hear election disputes. Mr Shanti Bhushan,argued that the basic identity of the constitution was not amenable to parliamentary alteration. Tying his two passions, cricket and law, he argued that the rules of the game could not be changed retrospectively after a team had won the match."

The CJI also recalled that in the early days of his career as a lawyer, it was on Shanti Bhushan's suggestion to the then Chief Justice of the Allahabad High Court, Justice MC Desai, that the largest constitutional court bench was constituted by the Allahabad High Court in what eventually became the landmark decision in Keshav Singh V. Speaker Legislative Assembly on 10th March 1965.

The CJI also recounted Shanti Bhushan's notable political journey, despite his reluctance to view himself as a politician. The CJI said, his political journey began after he witnessed the collapse of democratic institutions in the wake of the emergency "Upset by the crippling of democratic institutions and detention of opposition leaders, he met Mr.Jai Prakash Narayan in 1976 after which the foundations of the Janata Party were laid. He was appointed the treasurer of this newly formed party. After the party won in the 1977 elections, he was appointed the Union Law Minister. He continued as a Rajya Sabha MP between 1977 and 1980 after which he resumed legal practice. He was the Union Minister of Law and Justice, at the time of my father’s appointment as Chief Justice of India in 1978. As a law minister, he helmed the 43rd and 44th constitutional amendments, the amendments meant that Article 21 could not be suspended in the time of an emergency and several other checks were placed on the arbitrary exercise of executive power. He also tabled an amendment to the constitution that was never passed. It contained an express incorporation of the basic structure doctrine to the Constitution of India." The CJI explained. 

The CJI described Shanti Bhushan as a man who wore many hats, a lawyer, a politician, an organiser.  "But above all he was a leader who stood his ground no matter the consequence and led by example". In 1973 when lawyers of his stature travelled in chauffeured vehicles he rode a bicycle to court to make his juniors shed their shame in riding one, the CJI recalled.

"His life was intertwined in a slice of history of our nation and he stood firm in his resolve to serve the cause of justice and liberty." the CJI remarked.

Even in his later years, Shanti Bhushan continued to champion the cause of the Constitution, the CJI said. In 2002, he fought for a death row prisoner’s liberty pro bono and he made his final appearance before the Supreme Court at well past the age of 96, the CJI recounted. 

"Like his father and my own father, he detested being called old. Age or illness could not keep him from his public life. On his 90th birthday. Mr Ram Jethmalani said how he would’ve remained a criminal lawyer in Mumbai, if it wasn’t for the 1975 Raj Narain case, which prompted to Jethmalani himself to contest an election and move to Delhi." the CJI stated.

Attorney General R Venkataramani also spoke on Shanti Bhushan’s unshakable belief in democracy and his courageous stance during a critical period in India’s history, the emergency imposed in 1975. The Attorney General said that Shanti Bhushan’s commitment to accountability and justice was evident from his committed engagement in the ADM Jabalpur case. Shanti Bhushan was one of the founders of the Centre for Public Interest Litigation (CPIL) a non-governmental organization that conducts litigation on matters of public importance. “Through CPIL his legacy lives on in landmark cases, such as the verdict cancelling 2G spectrum licenses and the annulment of the appointment of the Central Vigilance Commissioner" Venkataramani said. 

Venkataramani also spoke of Shanti Bhushan as a legal luminary who championed the cause of judicial accountability through the campaign for judicial accountability and reforms, pushing for transparency in judicial appointments and the declaration of their assets in the public domain. “He firmly believed that judicial appointments must be made with the utmost care and diligence to uphold people’s trust in the judicial system”. the Attorney General said.

“His legacy lives on in the countless lives he touched, the rights he defended and the principles he upheld.”  the Attorney General concluded. 

Shanti Bhushan is survived by his three children. Adv. Prashant Bhushan and Sr. Adv. Jayanth Bhushan are both practicing lawyers in the Supreme Court. His daughter Shefali Bhushan is a filmmaker known for her musical known for the musical ‘Jugni’ and the web series ‘Guilty Minds’.

The full court reference held on Thursday also paid tribute to Late Sr. Adv. Anoop V. Mohta, and Late Sr. Adv. S. C. Maheshwari. 

The live streaming of the event can be watched here.