K. G. Balakrishnan
Encyclopedia
Konakuppakatil Gopinathan Balakrishnan is presently the Chairperson of the National Human Rights Commission of India
. He was formerly the Chief Justice of India
.
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
.
, near Vaikom
, Kingdom of Travancore, into a Pulaya Dalit family. According to Balakrishnan, his parents were the only source of inspiration for him: "Though my father was only a matriculate and my mother had her schooling only up to the seventh standard, they wanted to give their children the best education. His father was a clerk in the Vaikom munsiff court and was a classmate of K. R. Narayanan
who also hailed from a Dalit 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.
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.
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.
'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 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 confirmed recently that at least three of his relatives had held a large amount of black money.
National Human Rights Commission of India
The National Human Rights Commission of India is an autonomous statutory body established on 12 October 1993, under the provisions of The Protection of Human Rights Act, 1993 .-Functions:...
. He was formerly the Chief Justice of India
Chief Justice of India
The Chief Justice of India is the highest-ranking judge in the Supreme Court of India, and thus holds the highest judicial position in India. As well as presiding in the Supreme Court, the Chief Justice also head its administrative functions....
.
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
Dalit
Dalit is a designation for a group of people traditionally regarded as Untouchable. Dalits are a mixed population, consisting of numerous castes from all over South Asia; they speak a variety of languages and practice a multitude of religions...
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
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
.
Early life and education
K. G. Balakrishnan was born at KaduthuruthyKaduthuruthy
Kaduthuruthy is a small town in Kottayam District, Kerala, South India.- Geography :Kaduturuthy is located at . It has an average elevation of...
, near Vaikom
Vaikom
Vaikom is a taluk and also its capital town, situated in the North-West of Kottayam in Kerala, India. Its western border is the Lake Vembanad, and is crossed by various estuaries of the River Muvattupuzha. It lies between Ernakulam and Kottayam...
, Kingdom of Travancore, into a Pulaya Dalit family. According to Balakrishnan, his parents were the only source of inspiration for him: "Though my father was only a matriculate and my mother had her schooling only up to the seventh standard, they wanted to give their children the best education. His father was a clerk in the Vaikom munsiff court and was a classmate of K. R. Narayanan
K. R. Narayanan
Kocheril Raman Narayanan , also known as K. R. Narayanan, was the tenth President of India. He was the first Dalit, and the first Malayali, to have been President....
who also hailed from a Dalit family in Uzhavoor
Uzhavoor
Uzhavoor is a small village in Kottayam district, Kerala in India. Most of its residents are either farmers or engaged in small-scale business. The tenth President of India, K. R...
, a village near Vaikom
Vaikom
Vaikom is a taluk and also its capital town, situated in the North-West of Kottayam in Kerala, India. Its western border is the Lake Vembanad, and is crossed by various estuaries of the River Muvattupuzha. It lies between Ernakulam and Kottayam...
. "
After completing his primary education in Thalayolaparambu, he finished school at the Government High School, Vaikom
Vaikom
Vaikom is a taluk and also its capital town, situated in the North-West of Kottayam in Kerala, India. Its western border is the Lake Vembanad, and is crossed by various estuaries of the River Muvattupuzha. It lies between Ernakulam and Kottayam...
for which he had to walk 5 km every day. Subsequently, he joined the Maharaja's College at Ernakulam
Ernakulam
Ernakulam refers to the downtown area or the western part of the mainland of Kochi city in Kerala, India. The city is the most urban part of Kochi and has lent its name to the Ernakulam district. Ernakulam is called the commercial capital of the state of Kerala and is a main nerve of business in...
, where he studied for his B. Sc.. He took his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
(L.L.B.) degree from the Government Law College, Ernakulam
Government Law College, Ernakulam
Government Law College, Ernakulam is a prominent institution for undergraduate, graduate and post-graduate legal education in Kerala. It is situated in the heart of Kochi City...
, and enrolled as an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
in the Kerala Bar Council in 1968, beginning practice at the Munsiff's court, Vaikom. He then completed his L.L.M. in 1971.
Career
As an advocate he pleaded both criminal and civil cases in the Ernakulam court. He was later appointed as a MunsiffDistrict Munsiff Court
District Munsiff Court is the court of the lowest order handling matters pertaining to Civil matters in India. Usually it is controlled by the District Court of the respective district. The District Munsif Court is authorised to try matters pertaining to certain pecuniary limits...
in the Kerala Judicial Services in 1973. He later resigned from the services and resumed practice as an advocate in the Kerala High Court
Kerala High Court
High Court of Kerala is the highest court in the Indian state of Kerala and in the Union Territory of Lakshadweep. The High Court of Kerala is headquartered at Kochi...
. In 1985, he was appointed as a judge of the Kerala High Court, and was transferred to the Gujarat High Court
Gujarat High Court
The Gujarat High Court is the High Court of the state of Gujarat. It was established on 1 May 1960 under the Bombay Re-organisation Act, 1960 after the state split from Bombay State.The seat of the court is Ahmedabad...
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
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
. 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
Endosulfan
Endosulfan is an off-patent organochlorine insecticide and acaricide that is being phased out globally. Endosulfan became a highly controversial agrichemical due to its acute toxicity, potential for bioaccumulation, and role as an endocrine disruptor...
, and recommended the founding of a super-speciality hospital for the relief of the victims.
Judgments given
- Asking the election commission to debar the political parties which impose hartals on the public.
- Prohibiting narcoanalysis in interrogations.
- Making distribution of lunch compulsory in schools.
Controversies
Justice H. L. Gokhale of the Supreme Court has accused Balakrishnan of misrepresenting facts to conceal sacked telecom minister A. RajaA. Raja
Andimuthu Raja is an Indian politician from the Dravida Munnetra Kazhagam political party. He was a member of the 15th Lok Sabha representing the Nilgiris constituency of Tamil Nadu....
's attempt to influence Justice R. Reghupathy of the Madras High Court
Madras High Court
The Madras High Court is a senior court located at Chennai , in India. The court buildings, which are believed to be the second largest judicial complex in the world, are located near the beach, in one of the city's major business districts....
, on behalf of two murder accused known to the DMK
Dravida Munnetra Kazhagam
Dravida Munnetra Kazhagam is a state political party in the states of Tamil Nadu and Pondicherry, India. It is a Dravidian party founded by C. N. Annadurai as a breakaway faction from the Dravidar Kazhagam headed by Periyar...
leader.
Balakrishnan's son-in-law and Indian Youth Congress
Indian Youth Congress
The Indian Youth Congress is the youth wing of the Indian National Congress party. As of 2006, the Indian Youth Congress has over 245,00,000 members across India, the largest democratic youth organisation in the world....
leader P. V. Srinijan, who did not have any land four years ago, is now the owner of property worth hundreds of thousands of 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
Njarackal
Njarackal is a village in Ernakulam district in the Indian state of Kerala.-Demographics:Njarackal is situated at the centre of Vypeen island...
in Ernakulam
Ernakulam
Ernakulam refers to the downtown area or the western part of the mainland of Kochi city in Kerala, India. The city is the most urban part of Kochi and has lent its name to the Ernakulam district. Ernakulam is called the commercial capital of the state of Kerala and is a main nerve of business in...
. 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
V. R. Krishna Iyer
Vaidyanathapura Rama Krishna Iyer , popularly known as Justice V. R. Krishna Iyer, is a former judge in the Supreme Court of India. He was born in a village in Malabar region of Kerala...
, noted jurist Fali S. Nariman, former member of NHRC Sudarshan Agrawal and the prominent activist lawyer Prashant Bhushan
Prashant Bhushan
Prashant Bhushan is an advocate practicing in Delhi and is a social activist. He is the son of lawyer and former Law Minister of India Shanti Bhushan.-Education:...
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 confirmed recently that at least three of his relatives had held a large amount of black money.
Personal life
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.Quotes
- "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]."
Further reading
- Home page of Hon'ble Justice Mr. K. G. Balakrishnan as the Chief Justice of India
- Andalib Akhtar: Rising from down under, Meantime, Apr. 2001
- V. Venkatesan: Judiciary and Social justice, Frontline, Oct. 2000.
- V. Venkatesan: Interview with the CJI, The Hindu, 10 Jan. 2009.