Meet Justice S.P. Bharucha and his Notable Judicial decisions
- ByPravleen Kaur --
- 17 Jun 2025 --
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Justice Sam Piroj Bharucha (born May 6, 1937) served as the 30th Chief Justice of India from November 1, 2001, to May 5, 2002. He began his legal career as an advocate in the Bombay High Court in 1960, was appointed an Additional Judge in 1977, became a permanent judge in 1978, and later served as Chief Justice of the Karnataka High Court before his elevation to the Supreme Court in 1992. During his Supreme Court tenure, Justice Bharucha authored 344 judgments and sat on 1,307 benches, making significant contributions to constitutional, administrative, and criminal law.
Judicial Philosophy and Career
Justice Bharucha was known for his clarity, independence, and adherence to constitutional principles. His judgments often emphasized the separation of powers, judicial restraint, and the importance of upholding the rule of law.
Landmark Judgments
1. Dismissal of J. Jayalalithaa as Chief Minister (B.R. Kapoor v. State of Tamil Nadu, 2001)
Justice Bharucha led the five-judge constitutional bench that unanimously ruled J. Jayalalithaa’s appointment as Chief Minister of Tamil Nadu was invalid due to her conviction and disqualification from being a member of the legislature. This historic verdict marked the first and only judicial dismissal of a sitting Chief Minister in India, reinforcing the constitutional bar against appointing disqualified individuals to executive office.
2. Supreme Court Advocates-on-Record Association v. Union of India (Second Judges Case)
Justice Bharucha played a key role in clarifying the process of judicial appointments. He held that “consultation” with the Chief Justice under Article 217(1) of the Constitution required consultation with a plurality of judges, not just the CJI. For appointments and transfers, the CJI must consult the four senior-most Supreme Court judges, and for High Court appointments, at least two senior-most judges. This interpretation strengthened the collegiality and transparency of the judicial appointment process.
3. Supreme Court Bar Association v. Union of India
In this case, Justice Bharucha held that the Supreme Court could not suspend a lawyer’s license for contempt of court, as this power rested exclusively with the Bar Council of India. He emphasized the need for judicial restraint and respect for statutory bodies, clarifying the limits of the Court’s powers under Article 142.
4. Constitutional Interpretation and Freedom of Speech
Justice Bharucha delivered important judgments on the powers of Parliament under Article 368 (amendment of the Constitution) and the significance of freedom of speech, reinforcing the judiciary’s role in protecting fundamental rights and constitutional balance.
Legacy
Justice S.P. Bharucha’s tenure is remembered for landmark rulings that upheld constitutional morality, clarified judicial appointments, and reinforced the separation of powers. His judgments continue to influence Indian constitutional law and the functioning of democratic institutions.
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