Justice Dipak Misra is a distinguished Indian jurist who served as the 45th Chief Justice of India (CJI) from August 28, 2017, to October 2, 2018. Born on October 3, 1953, in Odisha, he comes from a family with a strong legal background—his uncle, Ranganath Misra, was also a Chief Justice of India.
During his tenure as a Supreme Court judge and later as the CJI, Justice Dipak Misra played a crucial role in delivering several landmark judgments. His tenure is marked by significant rulings that have had a profound impact on Indian society and jurisprudence.
He also made efforts to reform and modernize the Indian judiciary, including advocating for the use of technology in court processes. His judicial philosophy emphasized the protection of fundamental rights, social justice, and the upholding of constitutional morality.
During his tenure as a Supreme Court judge and later as the CJI, Justice Dipak Misra presided over several landmark cases, including those related to the constitutionality of Aadhar Act, decriminalization of homosexuality, and Women’s Rights.
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EARLY LIFE AND EDUCATION
Justice Dipak Misra was born on October 3, 1953, in the state of Odisha, India. He comes from a family with a strong legal background. His uncle, Ranganath Misra was a prominent figure in the Indian judiciary and also served as the Chief Justice of India, which likely influenced Dipak Misra's own path in law.
He pursued his education in Odisha, where he completed his schooling and higher education. He went on to study law, earning his law degree from Madhusudan Law College in Cuttack, Odisha. This solid educational foundation in law set the stage for his future career in the Indian judiciary.
His early life was shaped by his interest in law and justice, which was further nurtured by the legal environment in his family. This early exposure and education played a crucial role in his eventual rise to becoming one of India's most respected jurists and the Chief Justice of India.
ACADEMIC AND JUDICIAL PROFILE
Date and Place of Birth: Born on October 3, 1953, in the state of Odisha, India.
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Educational Qualifications:
Alma Mater: Madhusudan Law College, Cuttack
Academic Career: Justice Misra began his judicial career as a lawyer, practicing in various courts, including the Odisha High Court and the Supreme Court of India. His dedication and skill in legal matters led to his appointment as an Additional Judge of the Orissa High Court in 1996. Before his appointment as the CJI, he also served as the Chief Justice of the Patna High Court and the Delhi High Court. His appointment to the Supreme Court of India came in 2011.
Chief Justice of India (2017-2018): Justice Misra was appointed as 45th Chief Justice of India on August 28, 2017.
Retirement Date: Justice Dipak Misra retired on October 2, 2018, after serving as the Chief Justice of India for just over a year.
Succession: After his retirement, Justice Ranjan Gogoi assumed the office as 46th Chief Justice of India.
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JUSTICE DIPAK MISRA’S NOTABLE JUDGEMENTS AND DECISIONS
1. Constitutionality of Aadhaar Act (2018):
- The Aadhar Act, which created a system for issuing a unique identification number (Aadhaar) to every Indian resident, was challenged in the Supreme Court on several grounds. People were concerned that making Aadhaar mandatory for accessing various services and benefits would violate their privacy and other constitutional rights.
- The big question was if the Aadhaar Act went against the right to keep things private and if it was okay to make Aadhaar a must-have for things like opening a bank account or getting a phone connection.
- In 2018, a five-judge bench of the Supreme Court, including Justice Dipak Misra, gave a ruling on this case. The court upheld the constitutionality of the Aadhaar Act. This means the law itself was found to be valid under the Indian Constitution.
- The court ruled that Aadhaar could be mandatory for accessing certain government services and subsidies, like welfare benefits. This was because it helped ensure that these benefits reached the right people and prevented fraud.
- But the court also said that you don't have to have Aadhaar to do things like open a bank account, get a mobile phone, or enroll in school. For these services, people could not be forced to provide their Aadhaar number.
- The ruling struck a balance between allowing the government to use Aadhaar for important purposes while protecting individual privacy. It allowed Aadhaar to be used for delivering government benefits but prevented its mandatory use in areas that could infringe on personal privacy.
- Link to the Aadhar Act Case Law can be found here: Constitutionality of Aadhar Act, 2018
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2. Decriminalisation of Homosexuality (2018):
- A bunch of people, including activists and groups fighting for LGBTQ+ rights, took the law known as Section 377 to the Supreme Court, saying it went against the constitution. Section 377 was an old law from way back in 1861, when the British ruled India. It criminalized "unnatural offenses," which included consensual homosexual acts between adults. Essentially, this law made it illegal for same-sex couples to engage in intimate relationships, with punishments that could include imprisonment for up to life.
- As society progressed, many people began to see Section 377 as outdated and unfair. They argued that the law was discriminatory and went against the principles of the Indian Constitution.
- In 2018, a five-judge bench of the Supreme Court, led by Chief Justice Dipak Misra, delivered a landmark judgment on this issue. The court ruled that Section 377 was unconstitutional and decriminalized consensual sexual acts between adults of the same sex. This means that the court decriminalized homosexuality, allowing same-sex couples to engage in consensual relationships without fear of legal consequences.
- The court emphasized that every individual, regardless of their sexual orientation, has the right to equality, dignity, and privacy under the Indian Constitution. The judgment recognized that LGBTQ+ individuals deserve the same rights and freedoms as everyone else.
- The court acknowledged that the LGBTQ+ community had been unfairly treated and marginalized for decades. By reading down Section 377, the judgment marked a significant step forward in the fight for LGBTQ+ rights in India.
- Link to the judgment can be found here: Navtej Singh Johar Vs Union of India
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3. Decriminalization of Adultery (2018):
- The Supreme Court, in a judgment led by Justice Misra, struck down Section 497 of the Indian Penal Code, which criminalized adultery. The court held that the law was archaic (very old fashioned) and violated the constitutional rights to equality and privacy.
- The Supreme Court, with Justice Dipak Misra leading the bench, decided that this law was outdated and unfair. The court ruled that Section 497 violated the Constitution, which guarantees equality and privacy to all citizens.
- By striking down Section 497, the court emphasized that marriage should be based on mutual respect and equality, and that the law should not discriminate based on gender.
- The Constitution Bench noted: ‘Prima facie, on a perusal of Section 497 of IPC, we find that it grants relief to the wife by treating her as a victim. It is also worthy to note that when an offence is committed by both of them, one is liable for the criminal offence, but the other is absolved. Ordinarily, the criminal law proceeds on gender neutrality, but in this provision, as we perceive, the said concept is absent.’
- However, it was confirmed that decriminalization of adultery will not be applied for the members of the armed forces. The armed forces in India operate under a separate legal framework, including the Army Act, the Air Force Act, and the Navy Act. These Acts contain provisions that maintain discipline and order within the military, which are crucial for its functioning.
- The link to the decriminalization of adultery judgement can be found here: Joseph Shine Vs Union of India
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CONTROVERSIES: JUDICIAL OVERREACH AND MISUSE OF AUTHORITY
1. Medical College Bribery Case:
- Justice Misra was drawn into controversy over a case involving alleged corruption in the approval of medical colleges. A petition was filed in the Supreme Court seeking an investigation into the alleged bribery, and there were questions about the role of the judiciary in handling the matter.
- It was alleged that attempts were made to influence the judiciary, including the Supreme Court, to secure favourable outcomes for these medical colleges. This raised serious concerns about the integrity of the judicial process. A petition was filed in the Supreme Court, asking for an investigation into the alleged bribery and corruption. The petition specifically mentioned that an investigation was needed to ensure that the judiciary had not been compromised.
- Justice Dipak Misra found himself at the center of this controversy because the allegations indirectly touched upon cases that had been handled by benches he was part of. Some critics argued that since he was indirectly connected to the cases in question, there was a potential conflict of interest.
- Justice Misra, as the Chief Justice of India, headed the bench that heard the petition. The bench dismissed the petition, ruling that there was no need for an independent investigation. This decision was controversial because some people believed that another judge should have handled the case, given Justice Misra’s potential connection to it.
- Details of the case can be accessed from here: Medical College Bribery Case
2. Impeachment Motion
- Justice Misra faced an impeachment motion initiated by several opposition parties in Parliament. The motion accused him of various charges, including "misuse of authority" and "misconduct."
- An impeachment motion is a formal process through which a judge of the Supreme Court or a High Court in India can be removed from office. This can only happen if the judge is found guilty of "proved misbehaviour" or "incapacity." It's a rare and serious procedure, requiring a detailed process in Parliament.
- Allegations against him included that he used his position to favour certain parties in cases. Accusations that he was involved in inappropriate activities or decisions that brought disrepute to the judiciary. The opposition pointed out that sensitive cases were allegedly being assigned to certain judges, which they believed could undermine the fairness of the judicial process.
- The Vice President carefully examined the charges listed in the petition. After reviewing the allegations, he decided to reject the motion. He stated that the charges were not substantial enough to permit an impeachment process.
- Since the Vice President rejected the motion, the impeachment process did not move forward. Justice Misra continued to serve as the Chief Justice of India until his retirement later that year.
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3. Allegations of Judicial Overreach:
- During his tenure, there were allegations that the Supreme Court under Justice Misra was engaging in "judicial overreach," meaning that the court was accused of intervening in matters that some believed should be handled by the legislature or executive branches of government.
- For example, some saw the court's decisions on issues like the ban on firecrackers during Diwali or the national anthem in cinemas as examples of the judiciary getting involved in matters of policy rather than law.
AWARDS AND RECOGNITIONS
1. Recognition for Landmark Judgements:
Justice Misra was widely recognized for delivering several landmark judgments during his tenure. His decisions in cases like the Decriminalisation of homosexuality (Section 377), Striking of Adultery Law (Section 497), and the Sabrimala Temple Entry Case earned him significant respect and recognition both in India and internationally.
Many of his judgments were praised in national and international media, which often highlighted his role in shaping modern Indian jurisprudence.
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2. Felicitations and Honours:
Various legal organizations, including bar associations and law universities, felicitated Justice Misra for his contributions to the judiciary. He was often invited to speak at legal conferences, seminars, and public forums where he was honoured for his service.
3. Educational Institutions:
Some educational institutions invited Justice Misra to deliver lectures and be part of their academic activities. Although specific honorary degrees or titles are not widely documented, his involvement in academic and legal education was recognized and appreciated by these institutions.
4. Recognition for Transparency Initiatives:
One of Justice Misra’s significant contributions was his push for the live streaming of Supreme Court proceedings, particularly in cases of constitutional importance. This move was hailed as a step towards greater transparency and accountability in the judiciary.
Link to the original observations by the bench can be found here: Live Streaming of Supreme Court Proceedings
Justice Dipak Misra's tenure as CJI was marked by both landmark judgments and significant controversies. While he made important contributions to the Indian legal system, his time in office also highlighted internal tensions within the judiciary and sparked debates about the role of the Supreme Court in Indian society.
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REFERENCES
- Notable judgments by Justice Dipak Misra
- Controversies faced by Justice Dipak Misra
- Justice Dipak Misra’s tenure as Chief Justice of India
Written by Shubhankar Krishnan
A Delhi University graduate and a 1st Year Law Student, Gaining experiences in Areas under General Corporate, litigation and Intellectual Property Rights.
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Further Reading
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