Meet Justice R.S. Pathak and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
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Justice Raghunandan Swarup Pathak (1924–2007) served as the 18th Chief Justice of India from December 21, 1986, to June 18, 1989. Known for his calm authority and traditional judicial demeanor, he guided the Supreme Court during a period of transition, helping restore its stability after the turbulent years of the Emergency and its aftermath. Pathak was educated at Ewing Christian College and Allahabad University, and began his judicial career at the Allahabad High Court, later serving as Chief Justice of the Himachal Pradesh High Court before his elevation to the Supreme Court in 1978.
Judicial Career and Philosophy
Justice Pathak was respected for his balanced, moderate approach and his belief that judges should shun publicity, focusing on their work in the courtroom. Over his 11-year tenure at the Supreme Court, he authored 267 judgments and participated in 812 benches, with significant contributions in constitutional law, direct taxation, service, and tenancy matters.
Landmark Judgments
1. Bhopal Gas Disaster Settlement (Union Carbide Corporation v. Union of India, 1989):
Justice Pathak is best known for facilitating the $470 million out-of-court settlement between Union Carbide and the Government of India for the Bhopal Gas Tragedy victims. While the government had initially sought $3 billion, Pathak reasoned that urgent relief for victims justified a comprehensive settlement. The judgment also controversially quashed all civil and criminal proceedings against Union Carbide, a decision that remains debated for prioritizing expediency over full accountability. The Supreme Court upheld this settlement in 1991, ending Union Carbide’s liability in the case.
2. Kehar Singh v. Union of India (1988):
This case clarified the scope of the President’s power to grant pardons under Article 72 of the Constitution. Pathak held that the President could exercise this power in any manner deemed fit, and that petitioners did not have a right to a personal hearing before the President. The judgment reinforced the discretionary nature of executive clemency and set boundaries for judicial review of such decisions.
3. Jagdish Saran v. Union of India (1980):
Justice Pathak addressed the constitutionality of reservation of seats for Delhi domiciled students in Delhi University’s postgraduate programs. He held that while excessive reservation could exclude meritorious candidates, reasonable classification to further equality was permissible under Article 14. The judgment balanced the interests of regional preference with the constitutional guarantee of equality.
Legacy
Justice R.S. Pathak’s tenure is remembered for restoring stability and dignity to the Supreme Court, fostering an environment of judicial moderation and integrity. After retirement, he served as a judge at the International Court of Justice and led inquiries into major national and international issues. His judgments, especially on the Bhopal Gas Disaster and presidential clemency, continue to shape Indian law and public policy.
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