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10 - PN Bhagwati and the Transformation of India’s Judiciary

Published online by Cambridge University Press:  25 March 2021

Rehan Abeyratne
Affiliation:
The Chinese University of Hong Kong
Iddo Porat
Affiliation:
College of Law and Business (Israel)
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Summary

Justice PN Bhagwati, who served on the Supreme Court of India from 1973 to 1986 (including as chief justice from 1985 to 1986) is widely regarded as the most influential jurist in post-independence India. He was the main architect of public interest litigation (PIL) in the 1980s. Moreover, his engagement with the press and civil society, along with his post-judicial career as a global advocate for human rights, made him a well-known figure beyond legal circles and kept him in the limelight long after his retirement from the Court. That Justice Bhagwati was a towering judge is beyond dispute. More contested is his legacy. This chapter argues that Bhagwati’s greatest strength as a justice – unwavering confidence in the rightness of his cause – turned out to be a grave weakness, causing substantial damage to India’s higher judiciary.

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Towering Judges
A Comparative Study of Constitutional Judges
, pp. 195 - 214
Publisher: Cambridge University Press
Print publication year: 2021

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