bhuvaneshwar prasad sinha LAW INSIDER
bhuvaneshwar prasad sinha LAW INSIDER

Former Chief Justice of India 

NAME – Bhuvaneshwar Prasad Sinha

PROFESSION– Jurist

BORN – 01/02/1899

PLACE OF BIRTH – Bhojpur, Bihar

FATHER’S NAME – N/A

MOTHER’S NAME –. N/A

SPOUSE – N/A

SIBLINGS – N/A

CHILDREN – N/A

EDUCATION – Educated at the Arrah Zilla School, Patna College and Patna Law College

B.A. and M.A. from  Patna University

Bachelor of Law from Patna Law College

AWARDS – N/A

SPECIALISATION-N/A

COMMITTEE/ PANEL HEADED-N/A

BACKGROUND

B.P. Sinha served as the 6th Chief Justice of the Supreme Court of India from 1 October 1959 to 31 January 1964. He was born and brought up in a prominent upper caste Hindu Kayastha family of the village Gajiyapur in present day Bhojpur District. His grandson B. P. Singh is a former judge of the Supreme Court of India.

He was educated at the Arrah Zilla School, Patna College and Patna Law College; topped the list of successful candidates at the B.A. (Hons.) and M.A. Examinations of the Patna University in 1919 and 1921 respectively. He was Srimati Radhika Sinha Gold Medalist for standing first in the subject of History.

He also served as the president of the Bharat Scouts and Guides from April 1965 to February 1967. He was a Government Pleader from 1935-1939 and Assistant Government Advocate from 1940- 1942.

Then he held the office of Judge in Patna High Court(1943- 1951), then became Chief Justice of Nagpur High Court(1951- 1954). Then 1959 he became Judge in Supreme Court and then Chief Justice Of India and retired on 31 January 1964.

He was a deeply religious man, following his retirement, B.P. Sinha led a quiet life, mostly devoted to spiritual pursuits, though he did accept a number of private arbitration cases. He became blind in his later years and died in 1986.

CAREER TIMELINE

1922- Advocate at Patna High Court

1926- Lecturer at Government Law College, Patna

1935- Government Pleader

1940- Assistant Government Advocate

1943-Judge at Patna High Court

1951-Chief Justice at Nagpur High Court

1954-Judge of Supreme Court of India

1959- Chief Justice of India

1964- Retired on 31 January 1964

LANDMARK JUDGEMENTS

Kedarnath singh v. State of Bihar-

A five Judge bench of the Supreme Court including Bhuvaneshwar Prasad Sinha, for the first time in the history of independent India, had to consider the legality of the colonial law on sedition mentioned in Section 124A IPC in relation to the newly created fundamental right of freedom of speech and expression under Article 19 of the Constitution.

Additionally, the question before the Supreme Court was regarding the constitutional validity of Sections 124A and s. 505 of the Indian Penal Code with particular reference to the maintenance of security of the State and public order.

The Court held that in a democratic nation right to freedom of speech and expression should be fully protected but some restrictions are necessary for the safety and integrity of the state. Accordingly, the Supreme held that Section 124-A and Section 505 of the Indian Penal Code are intra vires of the Constitution of India considering Article 19(1)(a) read with Article 19(2).

The court has rightly observed that section 124A is valid but restricting its scope by establishing two conditions necessary to establish the crime of sedition is which is essential as fundamental rights would be in question otherwise.

CONTROVERSIES -N/A

REMARKABLE ACHIEVEMENTS– N/A

Related Post