Mohammad Hidayatullah
Encyclopedia
Mohammad Hidayatullah , OBE
(December 17 1905 - 18 September 1992) 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. The Hidayatullah National Law University
at Naya Raipur
is named after him.
After completing primary education at the Government High School of Raipur in 1922, Hidayatullah attended Morris College
in Nagpur
, where he was nominated as the Phillip's Scholar in 1926. Following the trend of Indians studying British law abroad, Hidayatullah attended Trinity College
at the University of Cambridge
from 1927 to 1930. Here he secured the 2nd order of merit and was awarded a Gold Medal for his performance in 1930. He was called to the Bar from Lincoln's Inn
when he was just 25 years old. He was awarded LL.D. (Honoris Causa) from University of the Philippines
and D. Litt. (Honoris Causa) from University of Bhopal
(now Barkatullah University) and University of Kakatiya
.
His son Arshad Hidayatullah is a Senior Counsel
at Supreme Court of India
.
While at Cambridge, Hidayatullah was elected and served as the President of the Indian Majlis in 1929. Also while here, he pursued English and Law Tripos from the renowned Lincoln's Inn
. In addition he secured a place of Barrister-at-Law in 1930.
on 19th July 1930. On 2nd August 1943, he became the Advocate General of Central Provinces and Berar (now Madhya Pradesh
) and continued to hold the said post till he was appointed as Additional Judge of that High Court on 24th June 1946.
Hidayatullah was the youngest Advocate General
of a State, Madhya Pradesh
, in 1943 and the youngest Chief Justice
of a High Court when he was appointed to the Madhya Pradesh High Court
in 1954.
In 1946, Hidayatullah was appointed as a judge at the Nagpur High Court, where he served until being elevated to Chief Justice of the Nagpur High Court in 1954. Hidayatullah served as the Chief Justice here until 1956, and was subsequently appointed the Chief Justice of the Madhya Pradesh High Court
in November 1956.
Following this longstanding experience in the state's court circuit, Hidayatullah was eventually elevated as a Justice to the Supreme Court of India
in December 1958. In his time he was the youngest judge of the Supreme Court of India
. After serving as a Justice for nearly 10 years, Hidayatullah took oath as Chief Justice of India
on 28 February 1968 - becoming the first Muslim Chief Justice of India. He retired from this position on 16 December 1970 .
, the then President of India, Dr Zakir Hussain
died suddenly, in harness, on May 3, 1969. Then Vice President of India Mr.V V Giri became the acting President
. V V Giri resigned to take part in Presidential elections. Justice Hidayatullah then served as the President of India
being ex-officio Chief Justice of India
for a short period from 20 July to 24 August. The visit of President of the United States
Mr. Richard Nixon
to India
made his Presidential term historic.
After his retirement, Justice Hidayatullah was elected as the Vice-President of India by a consensus among different parties and occupied that high office with distinction from 1979 to August 1984. During his tenure as the Vice-President he won the respect of all concerned for his impartiality and independence.
Having served at all of these positions made Hidayatullah unique among other members of Indian history. Justice Hidayatullah became the only person to have served in all three offices of Chief Justice of India
, President of India
, and the Vice President of India.
During his long tenure in the Supreme Court he was a party to a number of landmark judgments including the judgment in Golaknath v. State of Punjab which took the view that the Parliament had no power to cut down the Fundamental Rights by constitutional amendment. His judgment in the case of Ranjit D. Udeshi dealing with the law of obscenity, displayed a flair for literature which is not so common among our judges.
Many of these positions, as well as those of High Court Justice were held prior to Indian Independence, they were all considered service to Great Britain, thus Hidayatullah was conferred the honor of Order of British Empire by the Royal Family of Britain in 1946.
.
Post-retirement Hidayatullah renewed his interest in Boy Scouts and served as Chief Scout of the All India Boy Scouts Association from 1982 to 1992. http://boyscoutsindia.org/aboutus.html
, International Law Association
(Indian Branch), Indian Society of International law
from 1968 to 1970. He also presided ) Indian Red Cross Society in 1982. He was closely associated with Hunger Project of USA, World Association of Orphans and Abandoned Children (Geneva), and Independent Commission on International Humanitarian Issues (1982-84).
In his honor, the Hidayatullah National Law University
was established in 2003, in his home town of Raipur, in the state of Chhattisgarh
.
|-
|-
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
(December 17 1905 - 18 September 1992) was 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 served as the acting President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
and was also the sixth Vice-President of India
Vice-President of India
The Vice-President of India is the second-highest ranking government official in the executive branch of the Government of India, after the President...
for one complete term. The Hidayatullah National Law University
Hidayatullah National Law University
Hidayatullah National Law University is a university in New Raipur, Chhattisgarh, India, named after former Chief Justice Mohammad Hidayatullah. It is one of the esteemed national law schools established in India...
at Naya Raipur
Naya Raipur
New Raipur is the upcoming Capital of Chhattisgarh being built 17 km far in the south-east direction from the existing capital Raipur...
is named after him.
Early life and education
Justice Hidayatullah was born in 1905 in the well-known family of Khan Bahadur Hafiz Mohammed Wilayatullah. It was an upper-class family. His father was a poet of all-India repute who wrote poems in Urdu and probably it must have been from him that Justice Hidayatullah got his love for language and literature. In fact he could himself write well in Urdu.After completing primary education at the Government High School of Raipur in 1922, Hidayatullah attended Morris College
Morris College, Nagpur
Vasantrao Naik Government Institute of Arts and Social Sciences , in Nagpur, India, established in 1885 as Morris College, is one of the oldest colleges in the country. It takes its name from the former Chief Minister of Maharashtra, the late Vasantrao Naik, who was an alumnus of the college...
in Nagpur
Nagpur
Nāgpur is a city and winter capital of the state of Maharashtra, the largest city in central India and third largest city in Maharashtra after Mumbai and Pune...
, where he was nominated as the Phillip's Scholar in 1926. Following the trend of Indians studying British law abroad, Hidayatullah attended 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...
at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
from 1927 to 1930. Here he secured the 2nd order of merit and was awarded a Gold Medal for his performance in 1930. He was called to the Bar from 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...
when he was just 25 years old. He was awarded LL.D. (Honoris Causa) from University of the Philippines
University of the Philippines
The ' is the national university of the Philippines. Founded in 1908 through Act No...
and D. Litt. (Honoris Causa) from University of Bhopal
Barkatullah University
Bhopal University or Barkatullah University Hindi: बरकतउल्लाह विशवविधालय is an Indian university in Bhopal, renamed after the great freedom fighter, Prof. Barkatullah, who was born there. It is the main university of the capital city and provides degrees to most of the non-technical colleges in...
(now Barkatullah University) and University of Kakatiya
Kakatiya University
Kakatiya University is a public university located in Warangal, Andhra Pradesh, India. It is one of the largest recipients of central government educational funds, evidenced by the recent external campus facelift and vast expansion and acquisition of the latest IT equipment and related peripherals...
.
His son Arshad Hidayatullah is a Senior Counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
at 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...
.
While at Cambridge, Hidayatullah was elected and served as the President of the Indian Majlis in 1929. Also while here, he pursued English and Law Tripos from the renowned 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...
. In addition he secured a place of Barrister-at-Law in 1930.
Judicial Career
After graduation, Hidayatullah returned to India and enrolled as Advocate of the High Court of Central Provinces and Berar at NagpurNagpur
Nāgpur is a city and winter capital of the state of Maharashtra, the largest city in central India and third largest city in Maharashtra after Mumbai and Pune...
on 19th July 1930. On 2nd August 1943, he became the Advocate General of Central Provinces and Berar (now Madhya Pradesh
Madhya Pradesh
Madhya Pradesh , often called the Heart of India, is a state in central India. Its capital is Bhopal and Indore is the largest city....
) and continued to hold the said post till he was appointed as Additional Judge of that High Court on 24th June 1946.
Hidayatullah was the youngest Advocate General
Advocate General
An Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.-India:In India, an Advocate General is a legal adviser to a state government...
of a State, Madhya Pradesh
Madhya Pradesh
Madhya Pradesh , often called the Heart of India, is a state in central India. Its capital is Bhopal and Indore is the largest city....
, in 1943 and the youngest 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 a High Court when he was appointed to the Madhya Pradesh High Court
Madhya Pradesh High Court
The Madhya Pradesh High Court is the High Court of the state of Madhya Pradesh. It was established as the Nagpur High Court on 2 January 1936 under the Government of India Act 1935. The Court was established in Nagpur, but after the reorganisation of states on 1 November 1956, it was moved to...
in 1954.
In 1946, Hidayatullah was appointed as a judge at the Nagpur High Court, where he served until being elevated to Chief Justice of the Nagpur High Court in 1954. Hidayatullah served as the Chief Justice here until 1956, and was subsequently appointed the Chief Justice of the Madhya Pradesh High Court
Madhya Pradesh High Court
The Madhya Pradesh High Court is the High Court of the state of Madhya Pradesh. It was established as the Nagpur High Court on 2 January 1936 under the Government of India Act 1935. The Court was established in Nagpur, but after the reorganisation of states on 1 November 1956, it was moved to...
in November 1956.
Following this longstanding experience in the state's court circuit, Hidayatullah was eventually elevated as a Justice to 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...
in December 1958. In his time he was the youngest 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...
. After serving as a Justice for nearly 10 years, Hidayatullah took oath as 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....
on 28 February 1968 - becoming the first Muslim Chief Justice of India. He retired from this position on 16 December 1970 .
Presidency
During his term as the Chief Justice of IndiaChief 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....
, the then President of India, Dr Zakir Hussain
Zakir Hussain
Zakir Hussain may refer to:* Zakir Hussain , classical tabla player* Zakir Hussain , president of India* Zakir Hussain , Bollywood actor whose films include Sarkar and Johnny Gaddaar...
died suddenly, in harness, on May 3, 1969. Then Vice President of India Mr.V V Giri became the acting President
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
. V V Giri resigned to take part in Presidential elections. Justice Hidayatullah then served as the President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
being ex-officio 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....
for a short period from 20 July to 24 August. The visit of President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Mr. Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
to India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
made his Presidential term historic.
After his retirement, Justice Hidayatullah was elected as the Vice-President of India by a consensus among different parties and occupied that high office with distinction from 1979 to August 1984. During his tenure as the Vice-President he won the respect of all concerned for his impartiality and independence.
Having served at all of these positions made Hidayatullah unique among other members of Indian history. Justice Hidayatullah became the only person to have served in all three offices of 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....
, President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
, and the Vice President of India.
During his long tenure in the Supreme Court he was a party to a number of landmark judgments including the judgment in Golaknath v. State of Punjab which took the view that the Parliament had no power to cut down the Fundamental Rights by constitutional amendment. His judgment in the case of Ranjit D. Udeshi dealing with the law of obscenity, displayed a flair for literature which is not so common among our judges.
Career in Nagpur
Before becoming involved in national politics and serving as Supreme Court Justice, Hidayatullah was involved in local and state affairs. The following are some of the committee positions he held:- Member of the Nagpur Municipal Committee (1931–1933)
- Member of the Nagpur University's Executive and Academic Councils (1934–1953)
- Member of the Nagpur Improvement Trust (1943–1945)
- Member of the Nagpur Bar Council (1943–1946)
- Chief Commissioner of the Madhya Pradesh Bharat Scouts and Guides (1950–1953)
Many of these positions, as well as those of High Court Justice were held prior to Indian Independence, they were all considered service to Great Britain, thus Hidayatullah was conferred the honor of Order of British Empire by the Royal Family of Britain in 1946.
Teaching
Having received an education at one of the premier legal institutions of the time, Hidayatullah was able to segue into an academic career not long after returning to India. In 1935, he took a teaching post at University College of Law - where he taught until 1943. Later he served as Dean of the Faculty of Law at Nagpur University from 1949 to 1953. In addition, he served as Faculty of Law at various other institutions throughout the 1950s: Sagar University, Court Vikram University, and the prestigious Aligarh Muslim UniversityAligarh Muslim University
Aligarh Muslim University ,is a residential academic university, established in 1875 by Sir Syed Ahmed Khan as Mohammedan Angelo-Oriental College and later granted the status of Central University by an Act of the Indian Parliament in 1920...
.
Post-retirement Hidayatullah renewed his interest in Boy Scouts and served as Chief Scout of the All India Boy Scouts Association from 1982 to 1992. http://boyscoutsindia.org/aboutus.html
Institutions
He was the president of Indian Law InstituteIndian Law Institute
The Indian Law Institute was founded in 1956 primarily with the objective of promoting and conducting legal research. The objectives of the Institute as laid down in its Memorandum of Association are to cultivate the science of law, to promote advanced studies and research in law so as to meet the...
, International Law Association
International Law Association
The International Law Association is a non-profit organization based in Great Britain that — according to its 2004 constitution — promotes "the study, clarification and development of international law" and "the furtherance of international understanding and respect for international law."The ILA...
(Indian Branch), Indian Society of International law
Indian Society of International Law
The Indian Society of International Law or ISIL is an institution for the teaching, research and promotion of International Law in India. It is located opposite the Supreme Court of India and next to the Indian Law Institute . The ISIL was established in 1959 due to the efforts of the late V.K...
from 1968 to 1970. He also presided ) Indian Red Cross Society in 1982. He was closely associated with Hunger Project of USA, World Association of Orphans and Abandoned Children (Geneva), and Independent Commission on International Humanitarian Issues (1982-84).
Books
- Democracy in India and the Judicial Process, 1966 by Asia Publishing House (1967).
- The South-West Africa Case,Published 1967 by Asia Publishing House (1966).
- Judicial Methods Published for the Institute of Constitutional and Parliamentary Studies by National Publishing House (1970).
- A Judge's Miscellany, N. M. Tripathi (1972).
- USA and India: All India Reporter (1977).
- A Judge's Miscellany (Second Series) N. M. Tripathi(1972).
- The Fifth and Sixth Schedules to the Constitution of IndiaConstitution of IndiaThe Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, Ashok Pub. House - My own Boswell (Autobiography) Arnold-Heinemann (1980).
- EditorEditorThe term editor may refer to:As a person who does editing:* Editor in chief, having final responsibility for a publication's operations and policies* Copy editing, making formatting changes and other improvements to text...
, Mulla's Mohammedan Law - Constitutional law of India: Bar Council of India Trust (1984).
- Right to property and the Indian Constitution: Calcutta University (1984).
- Justice Hidayatullah on commercial laws: Deep & Deep (1982).
Awards
- Order of the British Empire, 1946,
- Order of Yugoslav Flag with Sash, 1970,
- Medallion and Plaque of Merit Philconsa, Manila, 1970 and
- Knight of Mark Twain, 1971;
- Honored with “Proud Past Alumni" in the list of 42 members, from "Allahabad University Alumni Association", NCR, Ghaziabad (Greater Noida) Chapter 2007-2008 registered under society act 1860 with registration no. 407/2000.
Legacy
Hidayatullah National Law University
Hidayatullah National Law University is a university in New Raipur, Chhattisgarh, India, named after former Chief Justice Mohammad Hidayatullah. It is one of the esteemed national law schools established in India...
was established in 2003, in his home town of Raipur, in the state of Chhattisgarh
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....
.
See also
- Chief Justice of IndiaChief Justice of IndiaThe 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....
- President of IndiaPresident of IndiaThe President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
- Hidayatullah National Law UniversityHidayatullah National Law UniversityHidayatullah National Law University is a university in New Raipur, Chhattisgarh, India, named after former Chief Justice Mohammad Hidayatullah. It is one of the esteemed national law schools established in India...
External links
|-
|-