PN Bhagwati and the transformation of India's judiciary

Research output: Chapter in Book / Conference PaperChapter

Abstract

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.
Original languageEnglish
Title of host publicationTowering Judges: a Comparative Study of Constitutional Judges
EditorsRehan Abeyratne, Iddo Porat
Place of PublicationU.K.
PublisherCambridge University Press
Pages195-214
Number of pages20
ISBN (Electronic)9781108879194
ISBN (Print)9781108840217
DOIs
Publication statusPublished - 2021

Keywords

  • PN Bhagwati
  • Indian Supreme Court
  • public interest litigation (PIL)
  • fundamental rights
  • judicial policymaking

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