Shanti Bhushan

Shanti Bhushan (11 November 1925 – 31 January 2023)^[3] was an Indian politician and lawyer. He served as the Law Minister of India holding office at the Ministry of Law and Justice from 1977 to 1979 in the Morarji Desai Ministry. He was a senior advocate of the Supreme Court of India. He, along with his son Prashant Bhushan, was featured at 74th position in a list of the most powerful Indians published by The Indian Express in 2009.^[4]

Shanti Bhushan
Bhushan in 2015
Union Minister of Law and Justice
In office 26 March 1977 – 28 July 1979
Preceded by	H.R. Gokhale
Succeeded by	Hans Raj Khanna
Member of Parliament, Rajya Sabha
In office 14 July 1977 – 2 April 1980
Constituency	Uttar Pradesh
Personal details
Born	(1925-11-11)11 November 1925 Bijnor, United Provinces, British India (present-day Uttar Pradesh, India)^[1]
Died	31 January 2023(2023-01-31) (aged 97) Delhi, India
Spouse	Kumud Bhushan
Children	4, including [Shefali Bhushan]Prashant
Residence(s)	Noida, Uttar Pradesh^[2]
Alma mater	Ewing Christian College, Allahabad, Uttar Pradesh

Political career

Bhushan was an active member of the Congress (O) party and later the Janata Party. He was a member of the Rajya Sabha from 14 July 1977 to 2 April 1980 and held office of Union Law Minister in the Morarji Desai ministry from 1977 to 1979. As the Law minister, he introduced Forty-fourth Amendment of the Constitution of India, which repealed many provisions of Forty-second Amendment of the Constitution of India passed by the Indira Gandhi ministry.^{[citation needed]}

He joined the Bhartiya Janata Party in 1980. In 1986, he resigned from BJP after the party acted against his advice over an election petition.^[5][6] He became a founding member of the Aam Aadmi Party after its formal launch in 2012, but resigned in 2015 after a disagreement with Arvind Kejriwal.^[7] He later joined the organisation Swaraj Abhiyan and in 2016 became a founding member of its related political party Swaraj India.^[8]

Prominent cases and clients

• Bhushan represented Raj Narain in a case against Indira Gandhi, the then Prime Minister of India. Justice Jagmohan Lal Sinha judged Indira Gandhi guilty and declared her election to the Lok Sabha void.^[9] The decision resulted in widespread political protests and ultimately resulted in the declaration of a state of emergency in India.
• In 1994, he appeared for two of the defendants accused of participating in the 1993 Mumbai bomb blasts case.^[10]
• In 2002, he appeared as a counsel for Arundhati Roy in a contempt case against her in the Supreme Court of India.^[11]
• Bhushan represented Shaukat Hussain in 2008 for an appeal against his 10-year conviction for his role in the 2001 Indian Parliament attack.^[12]
• Bhushan appeared as senior counsel for Transparency International in the Provident Fund scandal case of Ghaziabad, which allegedly involved several judges of the Indian judiciary. The bench abandoned the hearing after deeming his remarks as contemptuous and termed his behavior as that of a street urchin.^[13][14]
• Shanti Bhushan was the counsel for the former Prime Minister of India H. D. Deve Gowda in a petition related to allocation of land for Bangalore - Mysore Infrastructure Corridor.^[15]
• He has represented Rajendra Singh Lodha regarding the assets of Birla Corporation.^[16]
• He represented V.S. Achuthanandan in the Supreme Court in the Idamalayar Dam corruption case against UDF leader R.Balakrishna Pillai and others. The bench awarded rigorous imprisonment for one year with fine of Rs. 10,000/- each to the accused persons.^[17]

Activism

In the late 1980s Shanti Bhushan was one of the founders of the Centre for Public Interest Litigation, a Non-governmental organization that conducts litigation on matters of public interest. The first president was Justice V. M. Tarkunde, who was also the founder of the People's Union for Civil Liberties. Other founder members were senior advocates including Fali Sam Nariman, Anil Divan, Rajinder Sachar and Colin Gonsalves.^[18]

Shanti Bhushan, along with his son Prashant Bhushan has been involved in pressing for accountability in the Indian Judiciary by setting up Campaign for Judicial Accountability and Judicial Reform (CJAR).^[19] The campaign has been responsible for action against the judicial misconduct of Yogesh Kumar Sabharwal^[20] and for the declaration of assets by the judges.^[21] The campaign had also protested against the actions and appointments of Justice S. Ashok Kumar, Madan Mohan Punchhi, Soumitra Sen and Ashwini Kumar Mata.^[22][23] In December 2009 the Committee on Judicial Accountability stated that it considered that recommendations for judicial appointments should only be made after a public debate, including review by members of the bar of the affected high courts. This statement was made in relation to controversy about the appointments of justices C. K. Prasad and P. D. Dinakaran. The statement was signed by Ram Jethmalani, Shanti Bhushan, Fali Sam Nariman, Anil B. Divan, Kamini Jaiswal and Prashant Bhushan.^[24]

The father-son duo are currently^{[needs update]} facing charges for contempt of court in Supreme Court of India for their statement about corruption in higher judiciary - specifically, about the corruption of former Chief Justices of the Supreme Court.^[25] During a hearing on the running case for contempt of court in November 2010, Shanti Bhushan went on to say, "The question of apology does not arise. I am prepared to go to jail."^[26]

Shanti Bhushan was a prominent member of the core committee of India Against Corruption.^[27] The first Lokpal Bill was passed in the 4th Lok Sabha in 1969, but did not pass through the Rajya Sabha.^[28] Shanti Bhushan was a member of the Joint Drafting Committee for the Jan Lokpal Bill, constituted by the Government of India, representing the Civil Society.^[29]

Works

• Courting Destiny: A Memoir (2008)^[30]

See also

• Jan Lokpal Bill

References

1. Bhushan, Shanti (2008). Courting Destiny : A Memoir. Penguin Books Limited. p. 9. ISBN 9789385990533.
2. Krishnan, Murali. "The Namesake: Shanti Bhushan meets Shanti Bhushan". Bar and Bench - Indian Legal news. Retrieved 17 October 2020.
3. "Former Law Minister and Senior Advocate Shanti Bhushan no more". Bar and Bench. 31 January 2023. Retrieved 31 January 2023.
4. "The most powerful indians in 2009: 70-74". Indian Express. Retrieved 1 November 2009.
5. "A witness to history". Sakaal Times. Retrieved 1 November 2009. ^{[dead link]}
6. Rajagopal, Krishnadas (31 January 2023). "Shanti Bhushan, former Law Minister and backer of 'Basic Structure', dies". The Hindu. ISSN 0971-751X. Retrieved 2 February 2023.
7. Anand, Utkarsh (1 February 2023). "Shanti Bhushan: Indefatigable fighter for justice who took on the establishment". Hindustan Times. Retrieved 2 February 2023.
8. "Swaraj Abhiyan launches new party". Deccan Herald. 3 October 2016. Retrieved 2 February 2023.
9. "Justice with a fine balance". The Hindu. 25 April 2008.
10. "Defence plea in India bomb trial rejected". New Straits Times. 17 June 1994. Retrieved 1 November 2009.
11. . Frontline. Chennai, India. Archived from the original on 8 April 2011. Retrieved 1 November 2009.
12. . Ind Law News. Archived from the original on 13 July 2011. Retrieved 1 November 2009.
13. . The Hindu. Chennai, India. 7 August 2008. Archived from the original on 12 April 2011. Retrieved 1 November 2009.
14. "After counsel remark, angry SC judge takes himself off PF case". Indian Express. 8 August 2008. Retrieved 1 November 2009.
15. . The Times of India. 21 February 2009. Archived from the original on 25 October 2012. Retrieved 6 November 2009.
16. . The Telegraph (Kolkata). Archived from the original on 4 April 2005. Retrieved 6 November 2009.
17. "V.S. Achuthanandan vs R. Balakrishna Pillai & Ors. on 10 February 2011". India Kanoon. Retrieved 10 February 2011.
18. . Elaw. 2011. Archived from the original on 11 May 2015. Retrieved 26 April 2012.
19. "The House of Bhushan". Tehelka. 6 November 2009. Archived from the original on 5 January 2013. Retrieved 6 November 2009.
20. "India: Independence of and corruption within the judicial system (2007 - April 2009)". United Nations High Commissioner for Refugees. 23 April 2009. Retrieved 6 November 2009.
21. . Frontline. Archived from the original on 9 March 2011. Retrieved 6 November 2009.{{cite magazine}}: CS1 maint: unfit URL (link)
22. "Eminent lawyers trade charges over CJ's appointment". Rediff. Retrieved 6 November 2009.
23. "Judging The Judges". Outlook. Retrieved 6 November 2009.
24. J. VENKATESAN (20 December 2009). "Promotions should be transparent: judicial accountability panel". The Hindu. Retrieved 30 April 2012.
25. "Your tainted honour". The Week. Retrieved 22 November 2010.
26. "Jail me but won't apologise, Shanti Bhushan to SC". Outlook. Archived from the original on 11 July 2012. Retrieved 22 November 2010.
28. "Hopeful Jan Lokpal bill will be passed: Anna Hazare". 24 July 2013.
29. "Lokpal Bill drafting committee: Pranab Chairman; Shanti Bhushan co-Chairman".
30. Bhushan, Shanti (2008). Courting Destiny: A Memoir. Penguin Books India. ISBN 978-0-670-08218-6.

Political offices
Preceded by H. R. Gokhale	Minister of Law and Justice 26 March 1977 - 28 July 1979	Succeeded by Hans Raj Khanna

External links

• Rediff Interview - Former Union Law Minister Shanti Bhushan