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Prafullachandra Bhagwati
Justice P.N. Bhagwati.jpg
17th Chief Justice of India
In office
12 July 1985 – 20 December 1986
Appointed by Giani Zail Singh
Preceded by Y. V. Chandrachud
Succeeded by R. S. Pathak
Governor of Gujarat (acting)
In office
17 March 1973 – 4 April 1973
Preceded by Shriman Narayan
Succeeded by K. K. Viswanathan
Chief Justice, Gujarat High Court
In office
16 August 1967 – 17 July 1973
Governor of Gujarat (acting)
In office
7 December 1967 – 26 December 1967
Preceded by Nityanand Kanungo
Succeeded by Shriman Narayan
Personal details
Born
Prafullachandra Natwarlal Bhagwati

(1921-12-21)21 December 1921
Ahmedabad, Bombay Presidency, British India
Died 15 June 2017(2017-06-15) (aged 95)
New Delhi, India
Spouse Prabhavati Shethji
Children 3
Parent
  • Natwarlal H. Bhagwati (father)
Relatives Jagdish Bhagwati (brother)
Padma Desai (sister-in-law)
Shardul S. Shroff (son-in-law)
Alma mater Bombay University, Government Law College, Bombay

Prafullachandra Natwarlal Bhagwati (21 December 1921 – 15 June 2017) was the 17th Chief Justice of India, serving from 12 July 1985 until his retirement on 20 December 1986. He introduced the concepts of public interest litigation and absolute liability in India, and for this reason is held, along with Justice V. R. Krishna Iyer, to be a pioneer of judicial activism in the country. He is the longest-served supreme court judge (including Chief Justice to tenure) in India.

Early and personal life

P. N. Bhagwati was born in Gujarat. His father was Justice Natwarlal H. Bhagwati, a Supreme Court judge. He was the elder brother of the economist Jagdish Bhagwati and the neurosurgeon/president of the Neurological Society of India S. N. Bhagwati - father of economist Ketki Bhagwati. He was married to Prabhavati (née Shethji) and the couple have three daughters, Parul, Pallavi, and Sonali. Pallavi is currently the managing partner of leading Indian law firm Shardul Amarchand Mangaldas & Co and is married to Shardul S. Shroff. Bhagwati was a devotee of the popular Indian guru Sathya Sai Baba, and was also a member of Sathya Sai Trust till his death.

Bhagwati received his education in Mumbai. He studied at Elphinstone College, taking a Mathematics (Hons.) degree from Bombay University in 1941. In 1942, he courted arrest during the Indian Independence Movement and went underground for four months. He later received a law degree from Bombay University after studying at Government Law College, Bombay.

Career

Bhagwati began his career practicing at the Bombay High Court. In July 1960, he was appointed a judge of the Gujarat High Court. In September 1967, he was appointed the Chief Justice of that court. On two occasions, he acted temporarily as Governor of Gujarat (7 December 1967 to 25 December 1967 and 17 March 1973 to 3 April 1973). In July 1973, he was appointed a Judge of the Supreme Court of India. In August 1985, he became Chief Justice of India.

As a supreme court judge, Bhagwati introduced the concepts of public interest litigation and absolute liability to the Indian judicial system. He is therefore held, along with Justice V. R. Krishna Iyer, to have pioneered judicial activism in the country.

Chief Justice Bhagwati had an expansive view of the judicial role, saying in an interview that "I practically rewrote Part III and Part IV of the Constitution. I moulded the law. I still remember those days. It was a thrilling experience."

In 2007 Bhagwati was awarded the Padma Vibhushan in public affairs, India's second highest civilian award.

Judgements

Maneka Gandhi vs Union of India

Maneka Gandhi was requested, through an official letter from the Regional Passport Officer, Delhi on 2 July 1977 to return her passport within seven days "in public interest" under section 10(3) of The Passports Act (1967). Gandhi, who had been issued Indian passport on 1 June 1976, in return asked the office to give a statement of reason in accordance with section 10(5) to which the office replied that "in the interest of general public" the Government had decided to not furnish any such statement further. Under Article 21 of the Indian Constitution, which deals with Right to Freedom, Gandhi filed a writ petition in which Bhagwati and Justice V. R. Krishna Iyer ruled in favour of Gandhi.

Other activities

In 1982, Bhagwati was elected a fellow of the American Academy of Arts and Sciences while being affiliated with the Columbia University. He had been a member of the United Nations Human Rights Committee from 1995 to 2009, being re-elected after every two years on expiry of his term. He was also chairman of the committee in 2001-03. As of 2006, he had also served as a member of the Committee of Experts of the International Labour Organization for over 27 years. He was appointed Chancellor of Sri Sathya Sai Institute of Higher Learning on 6 May 2011.

Death

Justice Bhagwati died on 15 June 2017 at the age of 95 after a brief illness at his home in New Delhi. His funeral was held on 17 June. Prime Minister Narendra Modi condoled his death, calling him "stalwart of India's legal fraternity".

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