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The Legacy of Vishweshwar Nath Khare - A Pillar of Justice and Resilience

Image Credit: V.N. Khare

In a small town in Uttar Pradesh, India, there was a young boy named Vishweshwar Nath Khare who dreamt of bringing justice to others.

He came from a modest background, but his strong sense of duty and desire to correct wrongs pushed him forward. No one could have guessed that this boy would one day become a major figure in Indian law, making a lasting impact on the country's legal system.

Early Life and Education

Vishweshwar Nath Khare was born on November 2, 1939, in a simple family in Kanpur. His early life was influenced by his father, a respected teacher, who taught him the importance of working hard and being honest.

Even though his family had limited financial means, Khare did very well in school because he loved learning and was dedicated to justice.

Justice Khare completed his education in Allahabad, graduating from the prestigious St. Joseph's School. He was not only a dedicated student but also had a strong interest in sports, particularly cricket. He was an outstanding cricketer and even represented Uttar Pradesh in the 1958 Ranji Trophy matches.

After finishing school, Khare attended Allahabad University, where he earned a Bachelor of Arts degree. He then pursued a law degree (LLB) and enrolled with the Allahabad Bar Association on November 28, 1961. Throughout his academic journey, he consistently excelled, demonstrating his sharp intellect and deep passion for the law.

Legal Career and Judicial Contributions

Khare began his legal journey with a small practice in Kanpur. His sharp legal skills and dedication quickly earned him a reputation as a strong and capable lawyer. Chief Justice V.N. Khare's legal career officially began in 1961 when he registered as a pleader at the Allahabad High Court, now located in Prayagraj.

Judge Khare was known for being very thorough and careful when making decisions, always following the law, and being completely dedicated to making sure justice was served. His rulings were known for being clear, fair, and deeply rooted in legal principles.

He played a major role in several landmark cases that helped shape India’s legal system and set precedents that are still influential today.

One of Khare's major contributions was in the landmark case of Kesavananda Bharati v. State of Kerala, 1973. This case addressed the "basic structure" of the Constitution, and Judge Khare's wise comments and thoughtful decisions were very important in helping the court make sense of a difficult problem, and making sure the basic rights and values of the Constitution were protected.

Early in his career, he mainly focused on Civil, Writ, and Revenue cases.

He was chosen to be the Chief Counsel for the Government of Uttar Pradesh. Later, on June 25, 1983, he became a judge in the Allahabad High Court.

In 1996, he became the Chief Justice of the Calcutta High Court, and a year later, he was promoted to the highest court in India, the Supreme Court.

One of Justice Khare’s most notable cases when he was an advocate, was the 1975 State of Uttar Pradesh v. Raj Narain, often referred to as the Emergency case. Raj Narain accused then-Prime Minister Indira Gandhi of electoral fraud, which led to her losing her position and eventually declaring a state of Emergency in India. Justice Khare, along with his uncle S.C. Khare, defended Indira Gandhi.

However, the case resulted in a 19-month suspension of democracy in India, marking it a historic event.

Justice Khare also drew attention for his comments on the 2002 Gujarat violence, where he criticised the then-Chief Minister of Gujarat, Narendra Modi, who is now the Prime Minister of India.

Modi responded by stating that judges should refrain from political commentary and focus solely on their judicial responsibilities. Some critics noted that Justice Khare waited until after his retirement to express his views, which was seen by some as an effort to avoid backlash.

On January 23, 2004, Chief Justice Khare delivered a significant ruling in the case of Union of India v. Naveen Jindal. He upheld the basic right of citizens to fly the tricolour flag. Before this decision, there were strict rules that allowed the flag to be displayed only on specific occasions and at official government facilities. The court found that these restrictions violated the fundamental right to free expression.

Additionally, it was ruled that the "Flag Code of India," the rules that put these limits in place were just suggestions from the government, and not a real law that had to be followed.

Despite the controversies, Justice Khare is widely respected for his dedication and professionalism. Since his retirement, he has occasionally appeared on television and in the media to share his views on current issues.

One of his notable public comments was on the Jessica Lal murder case, which involved Manu Sharma, the son of a powerful politician. Justice Khare remains active in public life and served as the Chancellor of the Central University of Jharkhand from 2017 till 2023. In 2006, he was honoured with the Padma Vibhushan, India’s second-highest civilian award.

Struggles and Challenges

Even though Khare had an impressive career, he faced many challenges and hardships. In his early years, he had to deal with financial problems and family duties, which forced him to take on many different roles. Moving from being a small-town lawyer to becoming a top judge was tough. He had to work through the complicated Indian legal system and handle the stress of important cases.

After retiring in 2004, Justice Khare remained a public figure. In 2012, his controversial remarks about judges being above the law and his claim that he had saved India's legal system sparked widespread debate.

He later clarified that his intention was to highlight the flaws in the system in hopes of encouraging future reforms. Khare's dedication to justice was challenged during difficult times of political unrest in India. His court rulings were often questioned by different groups, including politicians and powerful people. Despite this, Khare stayed true to his values, always putting the law above political pressure.

Successes and Achievements

Khare had a successful career with several achievements and awards. As a judge, he made important decisions that have greatly influenced Indian law. His work in the legal field earned him recognition and showed his strong dedication to justice.

One of Khare's key accomplishments was improving legal education in India. He played a major role in setting up legal institutions and programs to better train future lawyers, ensuring that the principles of justice and fairness were passed on.

Khare also cared deeply about social justice, getting involved in cases that helped marginalized communities. He fought against inequality and discrimination, and his decisions in these cases showed his compassion and commitment to fairness for all.

Conclusion

Vishweshwar Nath Khare's life shows us what it means to be fair and honest. He had a tough start, but he still did great things for India's laws. He inspires people who want to be lawyers and reminds us that one person can make a big change in the world.

Looking at Khare's life, we learn that it's important to keep going even when things are hard and to always try to do the right thing. He went from being a regular person to being a big deal in Indian law, and that shows us that if we work hard and don't give up, we can do great things and make the world a better place.

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Written by Seersha Chaudhuri

Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.