b n kirpal LAW INSIDERb n kirpal LAW INSIDER

Former Chief Justice of India

NAME- Bhupinder Nath Kirpal

PROFESSION- Judge

BORN- 08/11/1937

PLACE OF BIRTH- Lahore, Pakistan

FATHER’S NAME- Amar Nath

MOTHER’S NAME- N/A

SPOUSE- Aruna Kirpal

SIBILINGS- N/A

CHILDREN- 3

EDUCATION-

Completed schooling from Modern School, Barakhamba, New Delhi

Obtained Bachelor of Arts degree from St. Stephens College, Delhi University

Obtained LLB degree from Delhi University

AWARDS- N/A

SPECIALISATION- N/A

COMMITTEE/PANEL HEADED- President of National Forest Commission

BACKGROUND- B. N. Kirpal was the 31st Chief Justice of India. He started his career as a lawyer and later on was appointed as India’s Chief Justice on 06/05/2002.

Kirpal was born in Lahore and then shifted to Delhi after partition. He completed most of his formal education primarily from Delhi. During his college and school days, he was a sports enthusiast.

After completing his education, he enrolled as pleader in the year 1961. In the year 1962, he enrolled as an advocate. Thereafter, he worked as pleader of Central Government in the High Court of Delhi.

Further as Standing Counsel, he served the Income Tax Department. Since 1975, he worked as Standing Counsel of Central Council. Later, in the year 1979, he was appointed as the Additional Judge of the High court of Delhi after practicing as lawyer for 18 years. After serving as additional judge for four years, he was sworn in as permanent judge of Delhi High Court on 19/11/1983.

After 10 years, he became the Chief Justice of Gujarat High Court in the year 1993. Thereafter, on 11/09/1995, he was appointed as Supreme Court Judge. In the year 2002, on 6th May, Kirpal was elevated as Chief Justice of India. He retired on 08/11/2002. After his retirement, he became the president of India’s first National Forest Commission.

CAREER TIMELINE-

1962- Enrolled as an advocate and practiced for 18 years

1979- Appointed as Additional Judge of the High court of Delhi on 20/11/1979

1983- On 19/11/1983, he became the permanent Judge of Delhi High Court

1993- He was sworn in as the Chief Justice of High Court of Gujarat on 14/12/1993

1995- Elevated as Judge of the Supreme Court on 11/09/1995

2002- Became the 31st Chief Justice of India

LANDMARK JUDGEMENTS-

T.M.A. Pai Foundation & Ors v. State of Karnataka & Ors. –

Kirpal was heading the 11-judge bench constituted to deal with this case. This case is based on Article 29 and 30 of the Indian Constitution. In this case, the scope of minorities rights to administer and establish any education institution of its choice as per article 30(1) read with 29(2) was discussed.

The Apex Court, in this case, held that linguistic minority or religious minority is determined at state level. Further, every citizen of India has the right to administer and establish any educational institution. This is guaranteed by article 19(1)(g), article 26 and article 30 in case of minorities.

However, this right is not an absolute right and is subject to Article 19(6) and article 26(a). Moreover, the Court held that if any rule or regulation is made in national interest will be applicable to all, irrespective of the fact that the institution is run by a minority or majority individual or group.

Also, the minority institution has the right to give admission to any student of their choice but if that particular institution is aided by government, then Article 29(2) of the Indian Constitution will apply on it.

CONTROVERSIES- N/A

REMARKABLE ACHIEVEMENT- B. N. Kirpal edited the book “Supreme but Not Infallible: Essays in Honour of the Supreme Court of India” along with Ashok H. Desai, Raju Ramchandran, Gopal Subramanium and Rajeev Dhavan.

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