Meet Justice A.N. Ray and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
- 0 Comments
Justice Ajit Nath Ray (1912–2009) served as the 14th Chief Justice of India from April 26, 1973, to January 28, 1977, during one of the most turbulent periods in Indian constitutional history. Educated at Presidency College, Calcutta, Oriel College, Oxford, and Gray’s Inn, Ray began his legal career at the Calcutta High Court before being appointed to the Supreme Court in 1969.
Judicial Career and Philosophy
Justice Ray’s appointment as Chief Justice was highly controversial, as he was elevated over three senior judges—J.M. Shelat, A.N. Grover, and K.S. Hegde—shortly after his dissent in the landmark Kesavananda Bharati v. State of Kerala (1973) case. This move, widely perceived as executive interference, sparked protests from the Bar and was seen as a blow to judicial independence. Despite the controversy, Ray was regarded as a judge of integrity and administrative ability, known for his humility and decisiveness.
Ray’s judicial philosophy was marked by deference to the executive, particularly during the Emergency (1975–77), when the government’s powers were at their zenith. His judgments were concise, structurally sound, and often aligned with the government’s stance.
Landmark Judgments
1. Kesavananda Bharati v. State of Kerala (1973)
Justice Ray was among the dissenters in this historic case, which established the “basic structure doctrine”—the principle that Parliament could amend the Constitution but not alter its basic structure. Ray argued in favor of Parliament’s unlimited power to amend the Constitution, a view that was rejected by the majority.
2. ADM Jabalpur v. Shiv Kant Shukla (1976) – The Habeas Corpus Case
This is perhaps the most infamous judgment of Ray’s tenure. Following the declaration of Emergency, thousands were detained without trial. The majority, led by Ray as CJI, held that during the Emergency, when the right to life and liberty under Article 21 was suspended, courts could not entertain writs of habeas corpus. This meant that even if detentions were illegal or arbitrary, detainees had no recourse to the courts. The judgment was widely condemned as a grave abdication of judicial responsibility and was later overruled, but it remains a stark reminder of the judiciary’s vulnerability during periods of executive dominance.
3. Indira Nehru Gandhi v. Raj Narain (1975)
Ray presided as CJI during this politically charged case, which challenged the election of Prime Minister Indira Gandhi on grounds of electoral malpractice. The Supreme Court, while upholding the challenge, also validated constitutional amendments that sought to shield the Prime Minister’s election from judicial review, reflecting the tense interplay between the judiciary and the executive during this era.
4. Bank Nationalization Case (R.C. Cooper v. Union of India, 1970)
Prior to becoming CJI, Ray was the lone dissenter among eleven judges who examined the constitutionality of the Bank Nationalization Act, 1969. His dissent favored the government’s economic policy, a stance consistent with his later judgments.
Legacy
Justice A.N. Ray’s tenure is remembered for its alignment with executive power and the controversial curtailment of civil liberties during the Emergency. While his administrative reforms in the judiciary were noted, his majority opinion in ADM Jabalpur is widely regarded as a low point for judicial independence in India. Nevertheless, Ray’s career reflects the complexities and challenges of upholding constitutional values during times of political crisis.
RELATED Blog
0 comments