On September 30, 2022, we’ll have a good time the 122nd beginning anniversary of Chief Justice MC Chagla, who joined the bar a century in the past however is as related in the present day as he was in his lifetime. In 1941 he was elevated as a choose of the Bombay High Court and have become its Chief Justice on August 15, 1947, in the beginning of unbiased India. During his lengthy journey of over eight a long time, he performed his innings in model with measured strokes wherein he hit immaculate boundaries and sixes.
I used to be born in 1944 when he was already a choose of Bombay High Court. I used to be 14 when he retired. When I used to be within the first yr of LLB, he had come on nineteenth December 1964 to inaugurate the constructing of Panjab University Law Department. I do not keep in mind if I met him at the moment or some other time. This excerpt is predicated on what I’ve learn and written about him over the a long time. This is an excellent journey. Rich in each respect. Meaningful and wholesome. An actual lesson for authorized and judicial coparceners even in the present day.
Chagla returned to India from Oxford, and joined the bar within the Bombay High Court in 1922. He acquired a seat within the Chamber of Majinna. His early life had been financially troublesome as Jinnah firmly believed that juniors ought to be taught to face on their very own ft and never search work or monetary assist from their superiors. Chagla stayed with Jinnah for six years, who by no means gave him a junior temporary. As a consequence, he had no work. I don’t agree with Jinnah’s pondering. The senior’s room must be the junior’s laboratory. Once the senior is satisfied of the junior’s seriousness, she or he should guarantee work and monetary assist. Old pondering must be modified.
Chagla acquired an vital temporary 7-8 years after becoming a member of the bar. She was going to get married the day she acquired engaged. Chagla wrote in his autobiography ‘Roses in December’, “I have always said that my wife has brought me luck… I have risen from one high position to another in life… It is my own good fortune. It was more because of his luck.”
After that case, his work took off, and by 1940, he had a flourishing follow. In his autobiography, Chagla recounts how an Englishman, who later served as Advocate General, Strongman, appeared earlier than Justice Marton on the finish of the day to make an pressing software, put his hand in his pocket, the cash. By urgent
A strict disciplinarian, Justice Marton requested him to return ahead and make his software. When Strongman appeared, Justice Marton requested him to take his hand out of his pocket, seemed on the clock that appeared at 5 p.m. and left the court docket. Chagla stated that he’s joyful that Justice Marton taught this Englishman (with dangerous manners) the lesson of his life. Strangman was a formidable advocate and a really skillful counter-examiner, but it surely did not matter if he lacked court docket etiquette. Even in the present day, advocates younger and younger should learn to conduct themselves in court docket.
In 1941 Chagla was promoted to a choose of the Bombay High Court, the place he had beforehand adopted the follow of not studying paper-books. He believed that it was a mistake for the choose to go to court docket after studying the paper-books, as he would then make up his thoughts not directly or the opposite. This mind-up was definitely non permanent. Yet, as soon as an opinion is fashioned, it takes a really sturdy thoughts to alter it. Justice Chagla additionally appealed to the judges of the Supreme Court to not learn the SLP prematurely. The response was that in the event that they did not learn the SLP beforehand, it will take loads of judicial time. Chagla didn’t agree with this. He believed that if the choose might restrict the lawyer to the required level, it will take much less time. These days, petitions are learn prematurely within the High Courts in addition to the Supreme Court.
As quickly because the arguments had been over, Justice Chagla developed the behavior of delivering judgments in open court docket.
This occurred for the primary time when two opposing legal professionals KM Munshi and Taraporevala had been concluding their arguments. Chagla hesitated for a second, gathered braveness, known as the stenographer after which pronounced the decision there. After that he acquired used to it. On one other event, Chagla was listening to revenue tax references with Chief Justice Beaumont. When the controversy was over, the chief stated to Chagla, “I’ve misplaced my voice. You set the judgment on fireplace”. It was a troublesome job to make a right away determination on a topic that was new to him.
Chagla delivered the decision. When he concluded, he stated to the chief, “I wish you had given me some notice.” The chief smiled and stated, “My dear boy, you have done well. I don’t think any notice was needed.”
Chagla served as choose and chief justice for greater than 17 years and he reserved just one or two judgments. That too to realize consensus. No one else might have completed this feat. He believed that choices must be primarily based on first ideas. He illuminated justice. He humanized the legislation. He additionally humanized tax legal guidelines. His choices replicate his burning want to do ‘actual’ and ‘full’ justice. There had been no darkish corners in his judgments, they had been lamps.
Chagla was a multifaceted character: lawyer, legislation commissioner, choose, diplomat, Union cupboard minister, an completed man and a fearless supporter of freedom and democracy.
(The writer is a Professor Emeritus and Senior Advocate, previously Director, National Judicial Academy, India)
With inputs from TheIndianEXPRESS
