Important Judgments Of Justice Dipak Misra

Tuesday Justice Dipak Misra turns 65 and it was his last day as a Supreme Court judge. The nephew of former CJI Justice Ranganath Misra, Justice Dipak Misra started his practice in Orissa High Court and later became its judge in 1996. After serving as judge of Madhya Pradesh High Court for a long time, he was appointed as Chief Justice of the Patna High Court, and later as Chief Justice of the Delhi High Court. He was elevated to the Supreme Court on 10th October 2011. On 28th August 2017, he became the Chief Justice of India. Today he is stepping out after 22 years of judicial service in constitutional courts.Judges are known through their judgments. They get praise and criticism for what they write as a judge. This article attempts to scan through some significant and important judgments authored by Justice Dipak Misra as a Supreme Court judge and as a CJI.CJI Misra-led Constitution Bench JudgmentsHis tenure as CJI was not smooth as he had to face criticism of his own ‘brother judges’ who went public in the Master of Roster controversy. Some opposition parties even went to the extent of initiating ‘impeachment’ proceedings against him, though it did not fructify. But this did not stop the man from setting up constitution benches which delivered landmark judgments.The CJI Misra-led constitution bench delivered landmark judgments which allowed women to enter Sabarimala shrine, upheld Aadhaar (by striking down/reading down some provisions of the Aadhaar Act), decriminalised homosexuality and adultery, and recognised passive euthanasia. It also held that candidates cannot be disqualified on framing of charges in criminal case.Women Allowed In Sabarimala CJI Misra authored his last judgment in the Sabarimala case. Speaking for himself and Justice AM Khanwilkar, he observed that the exclusionary practice (denial of entry to women in Sabarimala) is neither an essential nor an integral part of the Hindu religion without which Hindu religion, of which devotees of Lord Ayyappa are followers, will not survive. He further said that right guaranteed under Article 25(1) has nothing to do with gender or, for that matter, certain physiological factors specifically attributable to women and the denial of entry to the temple denudes them of their right to worship. CJI Misra remarked that it is not the exclusion but allowing women to temple as a devotee which is the essential practice of Hindu religion.Aadhaar Upheld But With RidersInterestingly, CJI Misra did not write any judgment in the Aadhaar case. He and Justice AM Khanwilkar concurred with the lead judgment authored by Justice AK Sikri that read down some of the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016, struck down a few but significant ones (mainly Sections 33(2), 47 and 57), and upheld the rest. Justice DY Chandrachud dissented and opined that the whole Aadhaar project is unconstitutional, while Justice Ashok Bhushan wrote a separate opinion concurring with the majority.Adultery DecriminalisedThe constitution bench headed by CJI Misra struck down 158-year-old Section 497 of the Indian Penal Code, which criminalizes adultery. Observing that there cannot be patriarchal monarchy over daughter or husband’s monarchy over wife, the CJI ruled that S.497 gives licence to husband to deal with wife as he pleases and dents the individual dignity of women.Homosexuality DecriminalisedThe constitution bench unanimously declared that Section 377 of the Indian Penal Code was unconstitutional, insofar as it criminalises consensual sexual acts of adults in private. CJI Misra, in his judgment, observed that the LGBT community possesses equal rights and their sexual orientation was an essential facet of the right to privacy. He said that the Section was like a weapon in the hands of the majority.Passive Euthanasia RecognisedThe constitution bench in March this year recognized and gave sanction to passive euthanasia and living will/advance directive. CJI Misra observed that all adults with the capacity to consent have the common law right to refuse medical treatment and the right of self-determination. He, however, cautioned that doctors would be bound by the patient’s choice of self-determination, subject to being satisfied that the illness of the patient is incurable and there is no hope of his being cured. He said the state interest should not over-weigh individual interest and that a person should be allowed to die peaceably instead of prolonging the process against his will through technology.No Disqualification Merely Because Charges Are Framed Against Candidates A five-judge bench presided by CJI Misra held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case. CJI Misra, speaking for the bench, urged the legislature to consider framing law to ensure decriminalisation of politics.Jurisdiction of CourtsIn December, last year, CJI Misra, speaking for...

Important Judgments Of Justice Dipak Misra

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