Justice Vaidyanathapuram Rama Iyer Krishna Iyer (15 November 1915 – 4 December 2014) was an Indian judge who became a pioneer of judicial activism. He pioneered the legal-aid movement in the country. Before that, he was a state minister and politician.

As an activist lawyer, he served jail terms for the cause of his poor and underprivileged clients. He was seen as a human-rights activist, and also campaigned for social justice and the environment. A sports enthusiast and a prolific author, he was conferred with the Padma Vibhushan in 1999. His judgements continue to be cited in the higher judiciary.

Early life and education

Krishna Iyer was born in a Tamil Brahmin family on 15 November 1915 in Vaidyanathapuram village in Palakkad, which was part of the then Malabar region of the then Madras State, to a lawyer father, Rama Iyer, and Narayani Ammal. He was the eldest among the seven children born to his parents, among whom, the youngest, V. R. Lakshminarayanan, served as the Director General of Police in Tamil Nadu Police. He inherited from his father an avid interest in the community around and using the law for the benefit of those more in need.

Iyer was educated at Basel Evangelical Mission Parsi High School, Thalassery, Government vocational higher secondary school, Koyilandy, Government Victoria College, Palakkad, Annamalai University, and at Dr. Ambedkar Government Law College, Chennai. He started practice in his father's chamber in 1938 at Thalassery, Malabar.

Political career

Iyer was elected to the Madras Legislative Assembly in 1952, from Kuthuparamba as a non-party, independent candidate, and served until 1956. He was a Minister between 1957 and 1959 in the government led by E. M. S. Namboodiripad, holding the portfolios for Home, Law, Prison, Electricity, Irrigation, Social Welfare and Inland Water. This revolutionary tool, initially used by public-spirited citizens to file PILs on behalf of sections of society unable to on their own, continues to bring in unheard changes in the day-to-day lives of the people even now, decades later. Observing this, he states: ?

Jurisprudence during the Emergency

In June 1975, the Allahabad High Court had ruled that Prime Minister Indira Gandhi's election to Parliament was unlawful, and barred her from it for another six years. Iyer was on the bench that heard an appeal against this order in the Supreme Court. In Indira Gandhi v Raj Narain, he ruled that although Mrs. Gandhi could no longer be a Member of Parliament, she was entitled to retain her position as Prime Minister. Interpreting this as losing the popular mandate to rule, the Opposition called for her resignation. The next day she declared a state of Emergency in the country.

Social Rights

Iyer wrote judgments in several notable cases concerning social rights. These included Maneka Gandhi v. Union of India, in which he held that Article 21 of the Indian Constitution, which protects the right to life and liberty, must be interpreted widely to include several social rights. In the Ratlam Municipality case, he started a trend for judges to leave the courtroom and go out and see, the situation on the ground. Moreover, this case would be a forerunner of cases which would be decided later on, on the concepts of "precautionary principle", "polluter pays" and "sustainable development". In Muthamma's case, Iyer called for breaking the 'glass ceiling' with gender parity in traditional practices in public employment.

Civil and Political Rights

Iyer ruled in several cases that aimed to secure against custodial violence, ruling on bail conditions as well as regarding legal aid for detainees. and his house would always remain open, bustling with all who sought his help or advice. He stood for the nation's president in 1987, as the Opposition's candidate against R. Venkataraman, the ruling Congress's nominee who won. In 2002, he inquired into the Gujarat riots as part of a citizens' panel, with retired Justice P. B. Sawant among others. He also headed the Kerala Law Reform Commission in 2009. He had been active, almost until a few weeks before his death, when ill-health and advancing age took their toll on him. As a public intellectual Iyer held several positions in the people's organizations, arts societies, sports councils, and cultural groupings.

He died on 4 December 2014 in the hundredth year of his life, and was cremated with state honours. His wife Sarada, who would listen to him talk about his work, when on occasion he would change his mind after she gave her opinion on it, had predeceased him in 1974, after 33 years of marriage. Upon his demise, his private library was donated to the National University of Advanced Legal Studies, where the Justice Krishna Iyer Collection still resides. He is survived by his two sons, Ramesh and Paramesh.

Publications

He has to his credit 70–100 books, mostly on law, and four travelogues. He has also authored a book in Tamil, Neethimandramum Samanvya Manithanum. Leaves from My Personal Life is his autobiography.

| 2005

| DC Books, Kottayam

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| Wandering in Many Worlds

| 2009

| Pearson Education

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|Random Reflections

|2004

|Universal Law Publication

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| The Indian Law (Dynamic Dimensions of the Abstract)

| 2009

| Universal Law Publishing

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Awards and distinctions

Iyer received several awards and distinctions during his life, including:

  • Baba Saheb B.R. Ambedkar National Award by the Bharatiya Dalit Sahitya Akademi.
  • Ramasramam Award 1992.
  • Justice Krishna iyer was awarded the*Title of 'Living Legend of Law"by the International Bar Association in 1995 in recognition of outstanding service to the legal profession internationally and for commitment to the Rule of Law.
  • M. A. Thomas National Human Rights Award for 1998.
  • Padma Vibhushan Award by the President of India in 1999 (the Highest Award next to Bharath Ratna).
  • Recipient of Vyloppilli Award 1999 for the meritorious service in the fields Human Rights, law, administration etc. The Award was given in February 2000 by the Sahrudaya Vedi, Thrissur.
  • 'The Order of Friendship', by President Putin in October 2000, Russia's high state honour for personal contribution in strengthening the ties of traditional and time-tested friendship, co-operation and everlasting affection between the two nations.
  • Honorary doctorate from University of Calicut in 2003.

See also

  • List of animal rights advocates

References

  • "Muslim Law- An analysis of the judgments rendered by Justice V.R. Krishna Iyer" By. Sebastian Champappilly, Southern Law Publishers, Cochin-22
  • "Muslim Women ( Protection of Rights on Divorce) Act" By Justice V.R.Krishna Iyer, Eastern Book Company, Lucknow.