K. G. Balakrishnan
|Konakuppakatil Gopinathan Balakrishnan|
|Justice K. G. Balakrishnan, during an official visit to Brasília in 2008|
|37th Chief Justice of India|
14 January 2007 – 12 May 2010
|Appointed by||A. P. J. Abdul Kalam|
|Preceded by||Y. K. Sabharwal|
|Succeeded by||Sarosh Homi Kapadia|
|Born||12 May 1945
Kaduthuruthy, Kottayam, Kerala
|Alma mater||Government Law College, Ernakulam|
He was the first judge from the state of Kerala to become the Chief Justice of the Supreme Court. He was also the first person of Dalit origin to ascend to the post of the Chief Justice in the Supreme Court of India. His tenure lasting more than three years has been one of the longest in the Supreme Court of India.
Early life and education
K. G. Balakrishnan was born at Kaduthuruthy, near Vaikom, Kingdom of Travancore, into a Malayalam C.S.I Christian family. According to Balakrishnan (originally named Pappachan), his parents were the only source of inspiration for him: "Though my father 'Mr Joseph' was only a matriculate and my mother 'Pennamma' had her schooling only up to the seventh standard, they wanted to give their children the best education. When father being a Christian he approached the Poikail Yohannan and embraced from Christianity to Hinduism and change his name as Gopinadhan through Gazette notification and obtained a certificate as Scheduled Caste and get a job as a clerck His father was a clerk in the Vaikom munsiff court and was a classmate of K. R. Narayanan who also hailed from a Paravar caste family in Uzhavoor, a village near Vaikom. "
After completing his primary education in Thalayolaparambu, he finished school at the Government High School, Vaikom for which he had to walk 5 km every day. Subsequently, he joined the Maharaja's College at Ernakulam, where he studied for his B. Sc.. He took his Bachelor of Laws (L.L.B.) degree from the Government Law College, Ernakulam, and enrolled as an advocate in the Kerala Bar Council in 1968, beginning practice at the Munsiff's court, Vaikom. He then completed his L.L.M. in 1971.
As an advocate he pleaded both criminal and civil cases in the Ernakulam court. He was later appointed as a Munsiff in the Kerala Judicial Services in 1973. He later resigned from the services and resumed practice as an advocate in the Kerala High Court. In 1985, he was appointed as a judge of the Kerala High Court, and was transferred to the Gujarat High Court in 1997. He became the Chief Justice of Gujarat High Court in 1998, and in 1999, he assumed charge as the Chief Justice of the High Court of Judicature at Madras. While being Chief Justice of Gujarat High Court, he also discharged duties of Governor of Gujarat for about two months.
On the 8 June 2000 he was appointed a judge of the Supreme Court. He was sworn in as the Chief Justice of India on 14 January 2007 by then President A. P. J. Abdul Kalam. After his retirement on 12 May 2010, he has been serving since 7 June 2010 as the Chairman of the National Human Rights Commission.
Public stances, opinions and views
Balakrishnan has tried to exempt the Office of the Chief Justice of India from the purview of the Right to Information Act. He ordered the Supreme Court registry to file an appeal before the Supreme Court against the Delhi High Court judgement making the office of the CJI amenable to the RTI act. He has also spoken about the need for amending the RTI act in the interests of the right to privacy.
Balakrishnan has said "due regard" must be given to the "personal autonomy" of rape victims to decide on whether they should marry the perpetrator or choose to give birth to a child conceived through forced crime. Lawyers and women's rights activists have expressed some reservations.
Balakrishnan has stated that pornography sites and hate speeches should be banned from the internet. He also passed a judgment stating that journaling on the web any thing hateful even against a political party is liable for censorship.
On a visit to Kasaragode as NHRC Chairman initiating suo motu complaint, Balakrishnan felt there had been violations of human rights against the populace by the harmful spraying of the pesticide Endosulfan, and recommended the founding of a super-speciality hospital for the relief of the victims.
Making distribution of lunch compulsory in schools.
He was a part of the three-member Supreme Court bench that decided a public interest litigation (PIL) filed by two National Democratic Alliance leaders seeking the cancellation of bail of Rashtriya Janata Dal chief Lalu Prasad and his wife and former Bihar Chief Minister Rabri Devi for their interference in the judicial process in the disproportionate assets (DA) and Income Tax cases against them. The verdict (2-1) went in favour of Prasad. Justice Balakrishnan and Justice Lakshmanan said according to Article 233 of the Constitution of India the Governor has power to appoint a judge in the subordinate judiciary in consultation with the High Court Administration and held that it was the prerogative of the government to appoint any lawyer as public prosecutor. However, Justice S H Kapadia gave a dissenting judgement saying the income tax department should have filed an appeal against the Income Tax Appellate Tribunal (ITAT) order. On the issue of promotion of judge Munni Lal Paswan, he said, while competence and suitability of two other judges, who were promoted to the post of Special Judge along with Paswan, were determined on the basis of annual confidential report (ACRs) and inspecting the judges' reports, the criteria was not applied while promoting Paswan who had been found to be slow in disposing cases.
Justice H. L. Gokhale of the Supreme Court has accused Balakrishnan of misrepresenting facts to conceal sacked telecom minister A. Raja's attempt to influence Justice R. Reghupathy of the Madras High Court, on behalf of two murder accused known to the DMK leader.
Balakrishnan's son-in-law and Indian Youth Congress leader P. V. Srinijan, who did not have any land four years ago, is now the owner of property worth hundreds of thousands of crores rupees. According to a report by news channel Asianet News, Srinijan had declared while contesting as a Congress candidate in the 2006 Assembly elections that he had no landed property. He had contested unsuccessfully from the SC reserved constituency of Njarackal in Ernakulam. In light of the charges, Srinijan resigned from the Youth Congress. Former Chief Justice J. S. Verma, former apex court Judge V. R. Krishna Iyer, noted jurist Fali S. Nariman, former member of NHRC Sudarshan Agrawal and the prominent activist lawyer Prashant Bhushan have called for Justice Balakrishnan to step down from the chairmanship of the NHRC pending an inquiry into the matter.
A petition-seeking vigilance probe into the allegations of "amassment of wealth disproportionate to their sources of income" by Balakrishnan's family members, was filed before the Income Tax Vigilance and Anti-Corruption Bureau. The income tax department has confirmed that at least three of his relatives had held a large amount of black money.
K. G. Balakrishnan is married to Nirmala and they have two daughters, Sony and Rani. His younger brother K. G. Bhaskaran was government pleader in Kerala High Court until recently.
- "Really, it is a matter of pride for us, but what I achieved is the result of hard labour and integrity."
- "Both advocates and judges have an equal responsibility towards the society. So both deserve equal respect from the people."
- "The forcible strikes by political parties has a very bad effect on common people. You can see how patients, passengers, and children suffer during strikes."
- "Trial and defence lawyers should not terrorise witnesses. A judge should be alert and caring."
- "Any dilution of the right to a fair trial for all individuals, however heinous their crimes may be, will be a moral loss against those who preach hatred and violence."
- "In India, different types of crimes are on the increase. The death penalty will have a deterrent effect on the people. If you analyse [the cases], many of those who were given death penalty really deserved it in the cases imposed [on them]."
- Balakrishnan: He Fought Caste Prejudice to Reach the Pinnacle. News.boloji.com (1945-05-12). Retrieved on 2010-12-27.
- "Centre moves Gujarat Governor to Rajasthan, raises questions." Indian Express. 14 January 1999.
- Hon'ble Justice Mr. K. G. Balakrishnan
- Balakrishnan is NHRC chairman
- CJI's Office Comes Within RTI Act: Delhi HC. news.outlookindia.com. Retrieved on 2010-12-27.
- Supreme Court challenges verdict bringing CJI under RTI
- RTI Act needs changes to ensure privacy: Balakrishnan
- The Hindu : News / National : Respect personal autonomy of rape victims, says K. G. Balakrishnan. Beta.thehindu.com (2010-03-08). Retrieved on 2010-12-27.
- Women blast Balakrishnan remarks on rape victims. Indiatoday.intoday.in (2010-03-09). Retrieved on 2010-12-27.
- CJI wants ban on websites displaying porn. Express India. Retrieved on 2010-12-27.
- Bloggers can be nailed for views – The Times of India. Timesofindia.indiatimes.com (2009-02-24). Retrieved on 2010-12-27.
- NHRC chairperson to visit Endosulfan-affected areas NHRC moots super-specialty hospital for Endosulfan victims Video coverage NHRC's Recommendations on Endosulfan, 31 Dec. 2010
- "Supreme Court may get first Dalit CJ". July 31, 2006. Retrieved May 16, 2012.
- "SC reprieve for Lalu PIL to cancel bail rejected". Aug 22, 2006. Retrieved May 16, 2012.
- "Lalu, Rabri win a reprieve in SC". The Times Of India. Aug 22, 2006. Retrieved May 16, 2012.
- Venkatesan, V. (May 22, 2010). "Moment of truth". Frontline. Retrieved 20 June 2012.
- Venkatesan, J. (7 January 2011). "Produce Regupathi's letter to Gokhale". The Hindu (Chennai, India).
- "Balakrishnan's son-in-law resigns from Youth Congress". The Hindu (Chennai, India). 5 January 2011.
- [dead link]
- "Petition seeking vigilance probe against KGB family members filed". Indian Express. 2011-01-05. Retrieved 2013-02-10.
- Taxmen confirm ex-CJI’s relatives hold black money
- "Ex-CJI assets: SC asks govt about action taken". The Statesman. 10 February 2013. Retrieved 2013-02-10.
- "SC adjourns hearing of rape case against P J Kurien - Oneindia News". News.oneindia.in. 2007-10-26. Retrieved 2013-02-10.
- "Another son- in- law of ex-CJI K. G. Balakrishnan in the dock". Yahoo! News India. 2011-01-05. Retrieved 2013-02-10.
- CJI points to ignorance of Judges
- K. G. Balakrishnan: Terrorism, rule of law, and human rights, The Hindu, 16 Dec. 2008.
- Death penalty has deterrent effect: NHRC chairperson, The Hindu, 2 Aug. 2010
- Home page of Hon'ble Justice Mr. K. G. Balakrishnan as the Chief Justice of India
- V. Venkatesan: Judiciary and Social justice, Frontline, Oct. 2000.
- V. Venkatesan: Interview with the CJI, The Hindu, 10 Jan. 2009.
Yogesh Kumar Sabharwal
|Chief Justice of India
14 January 2007 – 12 May 2010
S. H. Kapadia
|Governor of Gujarat (Acting)
Jan 1999 – March 1999
Sunder Singh Bhandari