An Indian judge whose work left its mark on judiciary in other lands

Justice Grover was part of very important and landmark cases which resulted in the most consequential judgments of post-independent India.

Personal accounts and autobiographies of public personalities are not merely the chronicle of their life and times. It also becomes an account of important events that become part of historical retelling. They provide rare insights into the unfolding of important events that shape any country's political and social landscape.

When that account is of a judge of a higher judiciary, it becomes even more fascinating. Their lives are usually not open for public scrutiny, and important events of their professional and personal lives are often seen through extremely filtered lens. So, when the judge or a family member chooses to tell his story, it is expected that it will throw a fresh light on some important events.

A valuable addition to these accounts is a book titled 'The Unyielding Judge: The Life and Legacy of Justice AN Grover' authored by Gauri Grover who is a lawyer practising at Delhi High Court and is the granddaughter of former Supreme Court judge Justice AN Grover.

When the Executive imposed its writ on the Judiciary in the pre-collegium era

Anyone acquainted with the constitutional history of India will recall that on two occasions, the independence of the Supreme Court was overtly subverted; first in 1973 and then in 1976 when senior-most judges were superseded by the government to appoint a junior judge as the Chief Justice.

In the first instance, three senior-most judges of the apex court, including Justice AN Grover, were superseded by the Indira Gandhi government in 1973 to appoint Justice AN Ray as the chief judge of the apex court. The supersession took place following the judgment in the famous Kesavananda Bharati case that enunciated the 'Basic Structure' doctrine which set limits on the amending power of the executive.

Commenting on that episode, Grover writes in the book, “Justice Grover, being a key part of the historic judgment in the Kesavananda Bharati case, played a significant role alongside his fellow judges in delivering a judgment that introduced the profoundly important concept of the basic structure doctrine. This doctrine stated that while every part of the Constitution could be subject to amendment by following the procedure laid out in Article 368", no part of the Constitution could be altered in such a way as to damage or destroy its fundamental essence. This core, they declared, must remain unaltered. However, all the efforts of these three judges appeared to have been rendered futile after the events of 1973. It was an ironic twist of fate, as Justice AN Ray, who had been one of the six dissenting judges in the case, was elevated to the position of Chief Justice of India over Justices Shelat, Hegde and Grover, who had been part of the majority that upheld the landmark ruling”.

As the supersession of the senior-most judges in 1973 is one of the most discussed events in India’s constitutional history, Justice AN Grover, in popular discourse, is largely remembered in relation to that particular incident. However, Justice Grover was part of two other very important and landmark cases which resulted in the most consequential judgments of post-independent India.

Bank nationalisation and Privy Purses verdicts

Those two cases worth mentioning here are Rustom Cavasjee Cooper v. Union of India (commonly known as the Bank Nationalisation case) and Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior and Ors. v. Union of India and Anr. (Privy Purses case). Gauri Grover rightly points out that both these cases, along with the Kesavananda Bharati case of which Justice AN Grover was part "continue to resonate, shaping our legal and social landscape even today."

Grover writes, “The Privy Purses case, in particular, was a watershed moment, profoundly influencing the unity and integration of India, while the Bank Nationalisation case expanded the scope of fundamental rights and laid the groundwork for socialist ideals.”

In summing up the incidence of supersession, Grover makes a very important point when she writes, “The supersession of the three judges was in hindsight not a demotion. It elevated them to the highest level of honour. Had this not taken place, they wouldn't have been considered heroes and taken a special place in history and law textbooks”.

Legal ideas are a global inheritance

The author dedicates a full chapter to the spread of the 'Basic Structure' doctrine in different parts of the world. The author makes an important point when she writes, “Fresh legal concepts possess the remarkable ability to transcend borders, influencing legal frameworks across the globe, and this was unmistakably the case with the basic structure doctrine that emerged from the Kesavananda Bharati case. Over time, this doctrine has evolved into one of the cornerstones of constitutional jurisprudence, with even foreign nations expressing their intention to incorporate it into their legal systems.”

The post-retirement life of judges is often marked by the use of their legal wisdom gained in the course of a long legal career for different purposes. In this respect, Justice Grover's post-retirement life was no different. From heading the Delhi Public School Society to playing the important role of Chairman of the Press Council of India (PCI) he donned various caps post-judgeship. As a PCI Chairman, one of the most notable works done by Justice Grover was authoring a comprehensive book exploring the relationship between legal frameworks and press freedom titled ‘Press and the Law'.