Meet Justice K. Subba Rao and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
- 0 Comments
Justice Koka Subba Rao (1902–1976) was the ninth Chief Justice of India, renowned as one of the most influential and progressive jurists in the country’s history. Born in Rajahmundry, Andhra Pradesh, he graduated from Government Arts College and studied law at Madras Law College. Subba Rao began his legal practice at the Madras High Court in 1926, quickly earning a reputation for his sharp intellect and commitment to justice. He served as a Judge and later Chief Justice of the Madras High Court, and became the first Chief Justice of the Andhra Pradesh High Court after the state’s formation. He was appointed to the Supreme Court in 1958 and became Chief Justice of India on June 30, 1966, serving until April 11, 1967.
Judicial Philosophy and Legacy
Justice Subba Rao is celebrated as a fearless defender of fundamental rights and a staunch proponent of constitutionalism. He was known for his original thinking, strong convictions, and willingness to dissent when necessary. His judgments consistently emphasized the primacy of individual liberties and the need to protect citizens from arbitrary state action. Justice Subba Rao authored 42 dissenting opinions during his Supreme Court tenure, many of which later gained acceptance and shaped Indian constitutional law.
Landmark Judgments
1. Golaknath v. State of Punjab (1967)
Justice Subba Rao’s most famous judgment, delivered as Chief Justice, was in the Golaknath case. In a historic 6:5 majority, the Supreme Court held that Parliament could not amend or abridge Fundamental Rights under Part III of the Constitution. Subba Rao equated Fundamental Rights with natural rights, declaring them “primordial rights necessary for the development of human personality.” This judgment profoundly strengthened the protection of civil liberties and checked Parliament’s power to curtail fundamental rights, laying the groundwork for the later “basic structure” doctrine.
2. Basheshar Nath v. CIT (1958)
In this case, Justice Subba Rao held that fundamental rights cannot be waived by individuals. He argued that, unlike the United States, Indian citizens should not be pressured to surrender their basic rights, especially given the lack of widespread legal awareness. This judgment reinforced the inalienability of fundamental rights and their role as safeguards against state overreach.
3. Kharak Singh v. State of Uttar Pradesh (1962)
Justice Subba Rao’s dissent in this case is considered a foundational moment for the right to privacy in India. While the majority did not recognize privacy as a constitutional right, Subba Rao argued that unauthorized police surveillance and domiciliary visits violated personal liberty under Article 21. His reasoning anticipated the recognition of privacy as a fundamental right decades later.
4. M.S.M. Sharma v. Sri Krishna Sinha (1959)
Here, Subba Rao dissented from the majority, holding that legislative privileges under Article 194(4) should be subject to fundamental rights, particularly free speech under Article 19(1)(a). His view underscored the supremacy of fundamental rights over legislative privileges.
Conclusion
Justice K. Subba Rao’s tenure was marked by a passionate commitment to liberty, equality, and constitutional supremacy. His judgments, particularly in Golaknath, Basheshar Nath, and Kharak Singh, have left an indelible mark on Indian jurisprudence, making him a pivotal figure in the evolution of constitutional law and the protection of individual rights in India.
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