Krishna Iyer, a revolutionary judge

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Press Trust of India Kochi
Last Updated : Dec 04 2014 | 6:31 PM IST
V R Krishna Iyer, whose pathbreaking verdicts humanised law, was a revolutionary judge of the Supreme Court at a time when the country was in a political and legal tumult in the seventies that also covered the Emergency era.
Vaidyanathapura Rama Krishna Iyer, who earned fame and recognition for his fair judgements for his way of penning down the verdicts and for his mastery over the English language, made the unusual progression from politician to the judiciary. He was an MLA, Minister and a Judge in Kerala before being elevated to the apex court in 1973.
Iyer put citizens at the centre of his focus and was a living legend for his knowledge of law that prompted former Chief Justice of India A S Anand to refer to him as 'Bhisma Pithamah' of Indian judiciary. He retired from the apex court in 1980.
Iyer had interpreted the guarantees given by the Constitution like Article 21(the right to life and personal liberty) for a new age and fashioned new insruments to deliver justice.
His judicial remedies were sought through the instrumentalities of public interest litigation and broader concepts of locus standi.
As a social activist, he championed several causes for the welfare of the people.
Iyer's approach to burning issues once prompted emiment jurist Fali S Nariman to say, "when Krishna Iyer speaks, the nation listens".
Some of his landmark judgments, including banning of routine handcuffing of prisoners, the Shamser Singh case which interpreted the powers of the cabinet vis-a-vis the President, earned him a place among renowned legal scholars such as Earl Warren, former Chief Justice of the US, and Lord Denning.
His interim order of June 24, 1975 not giving the then Prime Minister Indira Gandhi unconditional stay of the Allahabad High Court verdict declaring as void her election to the Lok Sabha won him massive appreciation as well as criticism. Emergency was clamped the next day.
Iyer rejected the application by Gandhi that the verdict finding her guilty of corrupt election practices and disqualifying her for six years should be totally suspended.
Gandhi was allowed the apex court to function as prime minister, attend the Lok Sabha but without a right to vote following well-settled precedents.
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First Published: Dec 04 2014 | 6:31 PM IST

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