About the Authors:
Ananditha S R is currently pursuing her 2nd year BA LLB at Government Law College, Thiruvananthapuram.
Nawal Nabeesu is currently pursuing her 4th semester BA LLB at Government Law College, Thiruvananthapuram.
Justice V. R. Krishna Iyer was a judge and Minister who reformed the Indian criminal justice system. He stood up for the poor and the underprivileged, and remained a human rights champion, a crusader for social justice and the environment, and a doyen of civil liberties, throughout his life. He was also a sports enthusiast and a prolific author. He was conferred with the Padma Vibhushan in 1999.
Early life
Justice V.R. Krishna Iyer was born on November 15, 1915, in Palakkad, located in the Malabar region of the then Madras State. He pursued his education at Annamalai and Madras Universities before embarking on his legal career in Thalassery. Initially, he dedicated himself to advocating for peasants and workers who faced exploitation from feudal lords, enjoying the backing of the colonial regime.Krishna Iyer fearlessly opposed the use of torture by the police as an interrogation method. As a consequence of his outspoken stance, he endured a month-long imprisonment on a fabricated charge that accused him of providing legal assistance to communists. His commitment to justice and advocacy for the marginalized demonstrated his unwavering dedication to the principles he upheld throughout his illustrious career. In 1956, Justice V.R. Krishna Iyer was elected to the Madras Legislative Assembly. Following the reorganization of states, he later secured a position in the Kerala Assembly. In this capacity, he assumed the role of Minister, overseeing crucial portfolios such as Home, Law, and Social Welfare. During his tenure, he played a pivotal role in drafting the groundbreaking Kerala Land Reforms Act, a legislative milestone aimed at addressing and rectifying land-related issues in the state. His legislative contributions underscored his commitment to social justice and equitable governance.
In 1968, Justice V.R. Krishna Iyer assumed the position of a Judge in the Kerala High Court. His legal acumen and dedication to justice were further demonstrated during his tenure as a Member of the Law Commission from 1971 to 1973. Additionally, he played pivotal roles in leading and collaborating with numerous national and international organizations, showcasing his commitment to legal and humanitarian causes both within and beyond India. His multifaceted contributions underscored his impact not only within the judicial realm but also in the broader legal and international community.He was appointed as Judge of the Supreme Court of India in 1973. He played an important role in an era of judicial activism, public interest litigation, affirmative action though courts and a wide ranging exercise of judicial review for which the Indian judiciary is hailed throughout the world today. He earned fame and recognition for his fair judgments, for his way of penning down the verdicts and for his mastery over the English language. He was a thinker ahead of his time and wrote some landmark judgments.
Contribution to Judiciary
Honorable Justice V.R. Krishna Iyer, a revered figure in the legal world, was a champion of social justice and a transformative force in India’s judiciary. His dedication to the cause of the oppressed and suppressed reshaped the country’s top court, moving away from colonial traditions and establishing a unique jurisprudence that facilitated access to justice for the common man. Justice Iyer envisioned justice being delivered at the doorstep of every citizen, emphasizing a commitment to social justice from the outset of his career. His landmark judgments played a crucial role in shaping the modern Indian judicial system. Notably, in the Kerala Land Reforms Act, he provided legal protection to the actual tillers of the land, bringing about revolutionary changes. The Triple Test introduced by him in the Bangalore water supply case stands as a pivotal judgment in the realm of labor law, showcasing his lasting impact on legal and social developments in India.
Maneka Gandhi v. Union of India
Justice V.R. Krishna Iyer played a pivotal role in shaping the transformative landscape of the Indian Constitution through his significant contribution in the landmark ruling of Maneka Gandhi versus Union of India.
Justice V.R. Krishna Iyer’s contribution was instrumental in widening the scope of Article 21, the Right to Personal Liberty, and establishing a crucial interlinkage with Articles 19 and 14. This legal nexus mandated that any procedure must adhere to the requirements set forth in all three articles to be deemed valid. Consequently, the judgment significantly expanded the realm of personal liberty and safeguarded the fundamental and constitutional right to life. The far-reaching implications of this judgment empowered the Supreme Court to encompass various essential rights under the ambit of Article 21. This included rights such as the Right to Clean Water, Right to clean Air, Right to freedom from Noise Pollution, Standard Education, Speedy Trial, Fair Trial, Right to Livelihood, Legal Aid, Right to Food, Right to Clean Environment, Right to Medical Care, and more. Justice V.R. Krishna Iyer’s legacy, as exemplified through the Maneka Gandhi case, continues to resonate in the broader context of constitutional jurisprudence in India.
Municipal Council, Ratlam v. Shri Vardhichand& Ors
In the Ratlam Municipality case, Justice V.R. Krishna Iyer initiated a groundbreaking trend among judges, encouraging them to step out of the courtroom and witness firsthand the situations they were adjudicating. This case addressed the intricate dynamics between local government responsibilities and industrial roles in managing pollution, including the associated costs. Justice Iyer’s approach focused on safeguarding the broader interests of society and the government.
The judgment in the Ratlam Municipality case played a pivotal role in establishing the foundational principles of distributive justice and the “polluter pays” concept. By advocating for judges to witness the on-the-ground reality, Justice V.R. Krishna Iyer underscored the importance of a holistic and experiential understanding of the issues at hand. This approach not only ensured a more informed judicial decision-making process but also set a precedent for judges to actively engage with the practical aspects of cases involving environmental concerns and public welfare.
In essence, the Ratlam Municipality case, under Justice V.R. Krishna Iyer’s influence, became a milestone in promoting a judiciary that actively seeks to comprehend the real-world implications of legal matters, particularly those involving environmental protection and societal well-being.
Addressing gender bias
Justice V.R. Krishna Iyer demonstrated his commitment to gender equality by addressing systemic bias in the case of Muthamma, an Indian Forest Service officer. His landmark judgment led to the removal of discriminatory practices against women officers, shattering the ‘glass ceiling’ that restricted their advancement in public employment. By challenging traditional norms and advocating for gender parity, Justice Iyer played a pivotal role in rectifying gender bias not only within society but also at the highest levels of government employment. His enduring legacy includes breaking barriers and fostering a more inclusive environment for women in the Indian public sector.
His contribution to the right to life touched many areas which were so far not explored by anyone in India. He as a Justice was against death penalty in cases which are delayed and stood for the principle of rarity of death penalty all through his career. Indeed, he was vocal against the death penalty even after his retirement through his writings and in helping the convicts facing death sentencing to get their sentence commuted.
Probation reforms
Probation is an alternative to imprisonment as a form of punishment. In this form of punishment, the person who is convicted is allowed to remain in the society instead of putting him/her behind the bars. The Latin word “probare,” which means “to test” or “to prove,” is the root of the English word probation. It is an alternate, non-custodial form of punishment. If it is determined that incarceration is not in the offender’s best interests, the offender may be released into the community and placed under probation officers’ supervision rather than being put in jail. This will provide a solution to the problem of overcrowding in jails and also the inhumane conditions that such people go through.This helps such convicted persons to reintegrate into society and provide him/her a better way to reform themselves. This can protect society from future crimes from such persons. Based on this perspective, the Probation of Offenders Act was passed by the Parliament in 1958 to provide for the release of offenders on probation or after due admonition.
V R Krishna Iyer was instrumental in initiating prison reforms through his judgement in Sunil Batra vs Delhi Administration case in 1979. When he was a judge in Supreme Court, Iyer took up the case based on a letter sent to the court by Sunil Batra, a prisoner in Tihar jail. He has made immense contributions to the country being the first law and home minister.
He also firmly believed that under trials should not be made to languish in jail and it was he who is known for his stand which was a taboo till then in Indian judiciary: “Bail is the rule, and jail, the exception”. He believed in correction and not retribution or vindication in dealing with prisoners. He recommended that meditation methods of Yoga which he practiced, and which he observed in the prisons in the Americas and Oceania, could be introduced in the Indian justice system to help transform not just criminal tendencies in prisoners, but also help judges keep their mental poise invoking their higher values to have a better judgment of a case at hand.
PIL (Public Interest Litigation)
PIL petitions represent a legal avenue where cases are brought before the court to address public causes and provide relief to those affected. The transformative impact of PIL can be attributed to the influential Indian Supreme Court judges, V.R. Krishna Iyer and P.N. Bhagwati, both appointed in 1973. They steered PIL petitions to become a primary means for resolving grievances of individuals who were otherwise excluded from the justice system.
The advent of PIL jurisprudence marked a revolutionary shift. Judges in both High Courts and the Supreme Court adopted a lenient stance on procedural shortcomings and broadly interpreted Articles 32 and 226 of the Constitution. This approach simplified the process of accessing justice, wherein the judiciary intervened when the executive and legislative branches either failed or lacked the necessary urgency to address pressing issues. While the technically first PIL petition was the 1979 case of Hussainara Khatoon vs State of Bihar, addressing the plight of undertrials in jails, the groundwork for PIL had been laid earlier. Justice Krishna Iyer had alluded to this concept in the 1976 Mumbai Kamgar case (Mumbai Kamgar Sabha vs M/s Abdulbhai Faizullabhai and others (1976 (3) SCC 832)). In expressing the need for a broad interpretation of locus standi, he highlighted that, in our socio-economic context, public interest is best served by allowing liberties in cases where the remedy benefits a considerable number, especially when they are socially vulnerable.
Justice V.R. Krishna Iyer holds a unique and enduring legacy as the singular judge in India celebrated as the “Bhishma Pitamah” and affectionately referred to as the “Mahatma of Indian Judiciary.” Even after his passing, the values and ideals he championed will persist as guiding principles in the administration of justice and the pursuit of making justice accessible to all citizens of the country. His impact on the judiciary is likely to endure for a long time, leaving an indelible mark on the legal landscape.
