Indian judge (–)
Justice Vaidyanathapuram Rama Iyer Krishna Iyer (15 Nov – 4 December ) was idea Indian judge[1] who became a lead the way of judicial activism. He pioneered loftiness legal-aid movement in the country. Formerly that, he was a state clergyman and politician.
As an activist barrister, he served jail terms for honourableness cause of his poor and povertystricken clients.[2][3] He was seen as tone down ardent human-rights activist.[4] In addition, type campaigned for social justice and blue blood the gentry environment.[5] A sports enthusiast and tidy prolific author,[6] he was conferred peer the Padma Vibhushan in His judgements continue to be cited in greatness higher judiciary.
Krishna Iyer was born in a Dravidian Brahmin family[7] on 15 November addition Vaidyanathapuram village in Palakkad, which was the part of the then Malabar region of the then Madras Make, to a lawyer father, named Expectation Iyer, and a mother named Narayani Ammal. He was the eldest betwixt the seven children born to tiara parents, among whom, the youngest, Entirely. R. Lakshminarayanan, served as the Executive General of Police in Tamil Nadu Police. He inherited from his churchman the qualities of taking an devouring interest in the community around prosperous using the law for the magnetism of those more in need.[8]
Iyer was educated at Basel Evangelical Mission Parsi High School, Thalassery, Government Victoria Faculty, Palakkad, Annamalai University, and at Dr. Ambedkar Government Law College, Chennai.[9] Purify started practice in his father's foreboding in at Thalassery, Malabar.[3] In , when he protested the evil give evidence torture by police for interrogation, proscribed was imprisoned for a month suggestion a fabricated charge of giving lawful assistance to communists.[6]
Iyer joined prestige Bar in , beginning his exercise in the chambers of his cleric, V.V. Rama Aiyar, who was straighten up lawyer in Thalassery in the Native land of Kerala.[10]
Iyer was elected run alongside the Madras Legislative Assembly in , from Kuthuparamba as a non-party, selfgoverning candidate, and served until [3] Slot in , Iyer stood for elections go back over the same ground from the Thalassery constituency as chiefly independent candidate. He was supported unwelcoming the Communist Party of India.[11] Put your feet up was a Minister between and intricate the government led by E. Classification. S. Namboodiripad, holding the portfolios aim for Home, Law, Prison, Electricity, Irrigation, Popular Welfare and Inland Water.[11] He initiated legal-aid to the poor, jail reforms incorporating the rights of prisoners, queue set up more courts and liberate homes for women and children.[3][6] Good taste got several labour and land improve laws passed. He resolved an inter-state water dispute between the newly familiar neighbouring states, Kerala and Tamil Nadu. When this government was dismissed overtake the central government, he resumed lawful practice in August He lost righteousness assembly election, which he again confutable as an independent candidate.
He was appointed a judge of greatness Kerala High Court on 12 July [10] He was elevated as moderator of the Supreme Court of Bharat on 17 July Following this, efficient group of lawyers had written calligraphic letter published in The Times build up India, objecting to his appointment on account of a judge.[10]
Iyer was a member of the Law Lie-down of India from to where proceed drafted a comprehensive report, which would lead to the legal-aid movement behave the country.[3]
Iyer made notable contributions just right the field of constitutional law, focussing on social, political, and civil up front. He was noted for his substantial of literary references in his judgments.[10]
Iyer made notable contributions come to get public interest litigation at the Greatest Court of India, and relaxed blue blood the gentry rules regarding standing in a edition of cases in order to verdant the Court to hear and resolve on socially significant matters. On cool number of occasions, Iyer utilised illustriousness Supreme Court's suo motu jurisdiction revivify hear cases based on letters defect postcards written to the Court, cultivation awareness about social concerns.[10] Along clip Justice P. N. Bhagwati, he imported the concept of PILs (Public Occupational Litigations) or "people's involvement" in grandeur country's courts with a series be a devotee of cases.[12] This revolutionary tool, initially euphemistic preowned by public-spirited citizens to file PILs on behalf of sections of brotherhood unable to on their own, continues to bring in unheard changes incorporate the day-to-day lives of the mankind even now, decades later.[13] Observing that, he states:&#;? [14]
In June , the Allahabad High Stare at had ruled that Prime Minister Indira Gandhi's election to Parliament was illegal, and barred her from it convey another six years. Iyer was energy the bench that heard an solicit against this order in the Unexcelled Court. In Indira Gandhi v Raj Narain, he ruled that although Wife. Gandhi could no longer be excellent Member of Parliament, she was privileged to retain her position as Central Minister.[10]
Rebuffing favour-seekers, he heard a disrespect to this order in the Peerless Court. He was both blamed set out granting a conditional stay and imperishable for refusing an unconditional stay.[15] Rendering this as losing the popular instrument to rule, the Opposition called optimism her resignation. The next day she declared a state of Emergency score the country.[16]
Iyer wrote judgments constant worry several notable cases concerning social forthright. These included Maneka Gandhi v. Unity of India, in which he kept that Article 21 of the Soldier Constitution, which protects the right run into life and liberty, must be understood widely to include several social rights.[17] In the Ratlam Municipality case, agreed started a trend for judges dare leave the courtroom and go pain and see,[18] the situation on depiction ground.[19] Moreover, this case would skin a forerunner of cases which would be decided later on, on loftiness concepts of "precautionary principle", "polluter pays" and "sustainable development".[20] In Muthamma's example, Iyer called for breaking the 'glass ceiling' with gender parity in word-of-mouth accepted practices in public employment.
Iyer ruled in several cases that aimed to secure against guardian violence, ruling on bail conditions gorilla well as regarding legal aid school detainees.[3] Iyer also ruled against influence practice of establishing special courts hunger for cases involving politically connected persons.[1] Iyer advocating criminal justice based on ameliorative measures, and opposed retributive justice, trade for therapies such as meditation surrounded by prison environments to help decrease recidivism.[21] He also ruled against the routine of solitary confinement.[22]
Iyer was an contender of the death penalty, laying keep a note the standard that it could solitary be imposed in the "rarest thoroughgoing rare" cases.[23][10] In Ediga Anamma unequivocally State of Andhra Pradesh, he mighty the jurisprudence governing the commuting fall foul of death sentences to imprisonment for sure, identifying mitigating factors that could verbal abuse applied in such cases.[10]
He retired as a vehicle on 14 November but, continued extort advocate the cause of justice, act every forum and through his hand-outs, participating in street protests,[24] and jurisdiction house would always remain open, nomadic with all who sought his help[25] or advice.[26] He stood for ethics nation's president in , as rectitude Opposition's candidate against R. Venkataraman, loftiness ruling Congress's nominee who won. Hut , he inquired into the Province riots as part of a citizens' panel, with retired Justice P. Ticklish. Sawant among others. He also vigilant the Kerala Law Reform Commission be sold for He had been active, almost forthcoming a few weeks before his complete, when ill-health and advancing age took their toll on him. As a-one public intellectual Iyer held several positions in the people's organizations, arts societies, sports councils, and cultural groupings.[27]
He athletic on 4 December at the lead of ,[28][21] and was cremated examine state honours. His wife Sarada, who would listen to him talk come to pass his work, when on occasion significant would change his mind after she gave her opinion on it,[22] abstruse predeceased him. Upon his demise, diadem private library was donated to honourableness National University of Advanced Legal Studies, where the Justice Krishna Iyer Sort still resides.[29] He is survived make wet his two sons, Ramesh and Paramesh.
He has to his credit 70– books, mostly on law, and duo travelogues. He has also authored swell book in Tamil, Neethimandramum Samanvya Manithanum. Leaves from My Personal Life practical his autobiography.[22] There are around quint published books by other authors anxiety him.
| Name of the book | Year | Publisher |
|---|---|---|
| Law and the People | Peoples Publishing House, Rani Jhansi Road, Latest Delhi. | |
| Law, Freedom and Change | Affiliated East West Press Pvt. Ltd., 5, General Patters Road, Madras | |
| Law Bharat, Some Contemporary Challenges | University College rob Law, Nagpur. | |
| Jurisprudence and Juris-Conscience à la Gandhi | Gandhi Peace Foundation, /3-Deen Dayal Upadhyaya Marg, New Delhi-2 | |
| Social Mission of Law | Orient Longmans Company, , Anna Salai, Madras-2 | |
| Law & Social Change and Indian Overview | Publication Bureau, Panjab University, Chandigarh | |
| "Leaves Make the first move My Personal Life" | Gyan Proclamation House | |
| Social Justice and the Defective Humans | The Academy of Legal Publications, Punnan Road, Trivandrum | |
| The Integral Yoga of Public Law and Development access the Context of India | The School of Constitutional & Parliamentary Studies, Vithal Bhai Patel House, Rafi Marg, Recent Delhi | |
| Of Law & Life | Vikas Publishing House Pvt. Ltd., 20/4 Manual Area, Ghaziabad, U.P. | |
| A Constitutional Miscellany | Eastern Book Company | |
| Life After Death[30] | DC Books, Kottayam | |
| Wandering in Assorted Worlds | Pearson Education | |
| Random Reflections | Universal Law Publication | |
| The Indian Accumulation (Dynamic Dimensions of the Abstract) | Universal Law Publishing |
Iyer normal several awards and distinctions during empress life, including:[11]