S.P. Bharucha

S.P. Bharucha

Former Chief Justice of India

Assumed Office1st Jul, 1992

Retired On5th May, 2002

Previously

Chief Justice of Karnataka High CourtNovember 1st 1991

Permanent Judge of Bombay High CourtApril 3rd 1978

Additional Judge of Bombay High CourtSeptember 19th 1977

EnrollmentJuly 28th 1960

Age: 84

Tracked Cases: 0

Education

B.Sc., LL.B

Profile

Notable Judgements

In The Supreme Court Of India v. Civil Advisory Jurisdiction, Justice S P Bharucha (as he was at the time) on behalf of himself and Ahmadi J, clarified that the term ‘consultation with the Chief Justice’ in Article 217(1) of the Constitution actually meant consultation with a plurality of judges as opposed to just the CJI. The Bench further stated that whenever there was a transfer of judges between high courts or an appointment of a judge to the Supreme Court, the CJI is required to consult with the four senior-most judges of the Supreme Court. Additionally, when a judge is being appointed to a High Court, the CJI is required to consult with at least the two senior-most judges of the Supreme Court.

The bench in Supreme Court Bar Association v. Union Of India was confronted with the question of whether or not, the Supreme Court could punish a lawyer who has been found guilty of contempt of court by suspending their license. The bench which included Justice Bharucha, found that it was not correct for the Court to take over the functions of other statutory bodies and perform their functions. It, therefore, decided that the power to suspend licenses in the given case rested with the Bar Council of India and that while exercising power under Article 142, courts must act with restraint.

In B.R. Kapoor v. State Of Tamil Nadu, the bench primarily through the judgement of Bharucha J, decided  that any person who was disqualified to be a member of the State legislature by being convicted of a criminal offence and thereby being subject to imprisonment, could not be appointed Chief Minister. It did so by reading Article 164(1) in conjunction with Article 164(4). The verdict of this case resulted in the dismissal of Jayalalitha as Chief Minister of Tamil Nadu.