Meet Justice M. Hameedullah Beg and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
- 0 Comments
Justice Mirza Hameedullah Beg (1913–1988) was the 15th Chief Justice of India, serving from January 29, 1977, to February 21, 1978. Born in Lucknow, Beg was a scholar of law and humanities, educated at Trinity College, Cambridge, and called to the Bar at Lincoln’s Inn. He built a distinguished legal career as an advocate at the Allahabad High Court, later becoming a judge on the Allahabad High Court (1963), Chief Justice of the Himachal Pradesh High Court (1971), and a Supreme Court judge (1971) before his elevation as Chief Justice of India.
Judicial Career and Philosophy
Justice Beg’s Supreme Court tenure was marked by his involvement in some of the most consequential constitutional cases in Indian history. He authored 194 judgments and participated in 562 benches, dealing with a broad range of constitutional, criminal, service, and property law matters. His approach often emphasized the importance of state authority and the need to balance individual rights with broader societal interests.
Landmark Judgments
1. ADM Jabalpur v. Shivkant Shukla (1976) – The Habeas Corpus Case
Justice Beg is most remembered for his role in the ADM Jabalpur v. Shivkant Shukla case, also known as the Habeas Corpus case, decided during the Emergency. The majority opinion, joined by Beg, held that during a state of emergency, citizens could not seek a writ of habeas corpus to challenge unlawful detention. Beg went further, controversially observing that the state’s care for detainees was “almost maternal.” This judgment was widely criticized for prioritizing state power over individual liberty and is considered a low point for judicial protection of fundamental rights.
2. Maneka Gandhi v. Union of India (1978)
As Chief Justice, Beg presided over the nine-judge bench in Maneka Gandhi v. Union of India, a transformative case for Indian constitutional law. The Court held that the right to life and personal liberty under Article 21 could not be curtailed except by a just, fair, and reasonable procedure. Beg’s judgment emphasized that Article 21 serves as a shield against executive overreach, and that impounding a passport without due process violated constitutional guarantees. This case expanded the scope of fundamental rights and procedural fairness in India.
3. Kesavananda Bharati v. State of Kerala (1973)
Justice Beg was part of the historic Kesavananda Bharati bench, which established the “basic structure doctrine”—that Parliament cannot alter the fundamental framework of the Constitution. Beg, in his minority opinion, upheld the legislature’s broad powers under Article 368, arguing that constitutional amendments should be judged by their consequences, and supported the validity of the 24th, 25th, and 29th Amendments.
4. Bennett Coleman v. Union of India (1972)
In this case, Beg emphasized the importance of freedom of the press, holding that restrictions on fundamental rights must meet the test of reasonableness. The judgment reinforced the judiciary’s role in safeguarding press freedom against arbitrary state action.
Legacy
Justice M.H. Beg’s career reflects the complexities of balancing state power and individual rights during a turbulent era. While his role in ADM Jabalpur remains controversial, his contributions to expanding due process and fundamental rights in Maneka Gandhi and other cases have had a lasting impact on Indian constitutional jurisprudence. After retirement, Beg chaired the Minorities Commission of India and wrote extensively on law and secularism, earning the Padma Vibhushan for his service.
RELATED Blog
0 comments