Mirza Hameedullah Beg
Encyclopedia
Mirza Hameedullah Beg (22 February 1913 – 1985) was Chief Justice of India
from January 1977 to February 1978.
family, his father Mirza Samiullah Beg was the Chief Justice of Hyderabad State
, making him an important figure in Hyderabad state affairs.
As was the case with many children of aristocracy in Hyderabad at the time, M.H. Beg attended St. George's Grammar School, where he obtained a gold medal for securing first position in Senior Cambridge H.S.L.C. Examination.
As India was still under heavy British influence, it was common for wealthy Indians to receive higher education in England, particularly when studying law. Thus, M.H. Beg joined the renowned Trinity College
and Cambridge University in 1931, and obtained Honours in Archaeological and Anthropological and Historical Triposes. He studied law, economics and politics at the London School of Economics
. He joined the bar through the Honourable Society of Lincoln's Inn
. He was called to the Bar in England in 1941.
, at Allahabad
and Meerut. From here, M.H. Beg began working up experience in the judicial system. In 1949, he enrolled as an Advocate of the Federal Court of India, and eventually he became an Advocate of the Supreme Court of India
. After building up an extensive practice on all sides he became Standing Counsel to the U.P. Sunni Central Wakf Board and appeared frequently for Municipal bodies.
After experience as Counsel, Beg was then raised to the Bench of the Allahabad High Court
on June 11, 1963. As Judge, he sat on the Criminal and Civil sides as well as on the Tax Bench. Later, he was appointed Company Judge and became in charge of the matrimonial and testamentary jurisdiction of the High Court from the middle of 1967 to 1970. Shortly after territories were redrawn and the state of Himachal Pradesh
was established, M.H. Beg was appointed Chief Justice
of the Himachal Pradesh High Court
in January 1971.
After a short term as Chief Justice of the Himachal Pradesh High Court
, Beg was elevated to Judge of the Supreme Court of India
on December 12, 1971.
A few months later, in January 1977, M.H. Beg, who was junior to H. R. Khanna, was appointed Chief Justice of India
by the Indira Gandhi
government. This was against legal tradition, though it had started with A. N. Ray
's appointment. This impingement into the independence of the judiciary was widely protested; subsequent law ministers, particularly Shanti Bhushan
, initiated a series of measures to bring judicial appointments within the power of the Chief Justice, and not the executive.
After Mohammad Hidayatullah
, Beg was the second Muslim Chief Justice in India. After a one year term, Beg retired on February 1978.
Since Retirement, Beg has written two books discussing Muslim politics in 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....
from January 1977 to February 1978.
Early life and education
Born into a MuslimMuslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
family, his father Mirza Samiullah Beg was the Chief Justice of Hyderabad State
Hyderabad State
-After Indian independence :When India gained independence in 1947 and Pakistan came into existence in 1947, the British left the local rulers of the princely states the choice of whether to join one of the new dominions or to remain independent...
, making him an important figure in Hyderabad state affairs.
As was the case with many children of aristocracy in Hyderabad at the time, M.H. Beg attended St. George's Grammar School, where he obtained a gold medal for securing first position in Senior Cambridge H.S.L.C. Examination.
As India was still under heavy British influence, it was common for wealthy Indians to receive higher education in England, particularly when studying law. Thus, M.H. Beg joined the renowned Trinity College
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
and Cambridge University in 1931, and obtained Honours in Archaeological and Anthropological and Historical Triposes. He studied law, economics and politics at the London School of Economics
London School of Economics
The London School of Economics and Political Science is a public research university specialised in the social sciences located in London, United Kingdom, and a constituent college of the federal University of London...
. He joined the bar through the Honourable Society of Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. He was called to the Bar in England in 1941.
Judicial career
After graduation, M.H. Beg returned to India to begin practicing as an Advocate for the Allahabad High CourtAllahabad High Court
The Allahabad High Court or the High Court of Judicature at Allahabad is a high court having jurisdiction over the Indian state of Uttar Pradesh since 1950...
, at Allahabad
Allahabad
Allahabad , or Settled by God in Persian, is a major city of India and is one of the main holy cities of Hinduism. It was renamed by the Mughals from the ancient name of Prayaga , and is by some accounts the second-oldest city in India. It is located in the north Indian state of Uttar Pradesh,...
and Meerut. From here, M.H. Beg began working up experience in the judicial system. In 1949, he enrolled as an Advocate of the Federal Court of India, and eventually he became an Advocate of 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...
. After building up an extensive practice on all sides he became Standing Counsel to the U.P. Sunni Central Wakf Board and appeared frequently for Municipal bodies.
After experience as Counsel, Beg was then raised to the Bench of the Allahabad High Court
Allahabad High Court
The Allahabad High Court or the High Court of Judicature at Allahabad is a high court having jurisdiction over the Indian state of Uttar Pradesh since 1950...
on June 11, 1963. As Judge, he sat on the Criminal and Civil sides as well as on the Tax Bench. Later, he was appointed Company Judge and became in charge of the matrimonial and testamentary jurisdiction of the High Court from the middle of 1967 to 1970. Shortly after territories were redrawn and the state of Himachal Pradesh
Himachal Pradesh
Himachal Pradesh is a state in Northern India. It is spread over , and is bordered by the Indian states of Jammu and Kashmir on the north, Punjab on the west and south-west, Haryana and Uttar Pradesh on the south, Uttarakhand on the south-east and by the Tibet Autonomous Region on the east...
was established, M.H. Beg was appointed Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Himachal Pradesh High Court
Himachal Pradesh High Court
The Himachal Pradesh High Court is the High Court of the state of Himachal Pradesh. It was established in 1971 under the State of Himachal Pradesh Act, 1970.The seat of the court is Shimla, the administrative capital of the state...
in January 1971.
After a short term as Chief Justice of the Himachal Pradesh High Court
Himachal Pradesh High Court
The Himachal Pradesh High Court is the High Court of the state of Himachal Pradesh. It was established in 1971 under the State of Himachal Pradesh Act, 1970.The seat of the court is Shimla, the administrative capital of the state...
, Beg was elevated to Judge of 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...
on December 12, 1971.
Habeas Corpus case
Beg was also involved in the Habeas Corpus case. This landmark case in Indian democracy, Additional District Magistrate of Jabalpur v. Shiv Kant Shukla, came up in 1975 during the Indian Emergency. The legal question hinged on the citizen's right to judicial scrutiny for arrests under emergency. The five seniormost judges of the Supreme court heard the case, and four aligned with the government view that even the right to life stood suspended during emergency (only dissent was H. R. Khanna). In his April 1976 decision, Justice Beg appeared to bend backwards even, when he observed:- We understand that the care and concern bestowed by the state authorities upon the welfare of detenues who are well housed, well fed and well treated, is almost maternal.
A few months later, in January 1977, M.H. Beg, who was junior to H. R. Khanna, was appointed 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....
by the Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
government. This was against legal tradition, though it had started with A. N. Ray
A. N. Ray
Ajit Nath Ray was the Chief Justice of the Supreme Court of India from 25 April 1973 until his retirement on 28 January 1977.-Controversial Appointment:...
's appointment. This impingement into the independence of the judiciary was widely protested; subsequent law ministers, particularly Shanti Bhushan
Shanti Bhushan
Shanti Bhushan in Allahabad, United Provinces is a former Law Minister of India at Ministry of Law and Justice in the Morarji Desai Ministry and also a senior advocate...
, initiated a series of measures to bring judicial appointments within the power of the Chief Justice, and not the executive.
After Mohammad Hidayatullah
Mohammad Hidayatullah
Mohammad Hidayatullah , OBE was the Chief Justice of India. He served as the acting President of India and was also the sixth Vice-President of India for one complete term...
, Beg was the second Muslim Chief Justice in India. After a one year term, Beg retired on February 1978.
Academics
While practicing as an Advocate, Beg took on various faculty positions teaching various subjects:- Professor, Constitutional Law and Equity at Meerut CollegeMeerut CollegeMeerut College is a state-funded college in Meerut, Uttar Pradesh, India. The college is affiliated to Chaudhary Charan Singh University, Meerut. The college was established in 1892 and has a campus of...
(1943–1946) - Taught Law of Evidence, Human Law, and Ancient Law at Allahabad UniversityAllahabad UniversityAllahabad University , is a premier Central University located in Allahabad, Uttar Pradesh, India. Its origins lie in the Muir Central College, named after Lt...
(1946–1963) - Standing Counsel to the Allahabad UniversityAllahabad UniversityAllahabad University , is a premier Central University located in Allahabad, Uttar Pradesh, India. Its origins lie in the Muir Central College, named after Lt...
- Member of the International Law Association and of the World Association of Judges
Since Retirement, Beg has written two books discussing Muslim politics in India:
- Impact of Secularism on Life and Law, published in 1985
- Human Rights and Asia, published in 1978