Most practicing lawyers know MC Chagla as the first Indian Chief Justice of the Bombay High Court. Assuming office on August 15, 1947, he continued as Chief Justice for 11 years. But few lawyers know the varied assignments he handled from 1941 to 1967.
Several lawyers have become judges, and some have further become Chief Justices of High Courts. A fewer number have gone on to the Supreme Court. However, with the possible exception of Justice Hidayatullah, no lawyer or judge has had such a varied career as Justice Chagla.
Chagla, apart from being a barrister, was a puisne judge, Chief Justice, Acting Governor, Ambassador to the United States, High Commissioner to the United Kingdom, Member of the 14th Law Commission, ad hoc judge of the International Court of Justice, Union Minister of Education and Union Minister of External Affairs. Apart from this, he also headed the landmark Life Insurance Corporation (LIC) enquiry, which was also widely known as Mundhra scandal.
Chagla was born in September 1900. After completing his education at Oxford University, he became a barrister. Unfortunately, while he was studying in England, his family’s fortunes took a sudden turn for the worse. On his return, he had to begin life as a struggling lawyer. He joined the chambers of none other than MA Jinnah, the founder of Pakistan. In his autobiography, he mentions that he was extremely close to Jinnah, but left his chamber when Jinnah started espousing the two-nation theory. Initially, Jinnah was at the forefront of the freedom movement and immensely respected Tilak and Gokhale and never espoused partition. Chagla had also participated in the early political meetings.
When his name was recommended for elevation in 1941, the then British government objected in view of his participation in the freedom struggle. Sir John Beaumont, then Chief Justice of the Bombay High Court, had the herculean task of persuading the government to appoint him as a judge in view of his successful career as a lawyer. By the time he was elevated, he had developed a good practice and was just 41 years old. The government finally relented and Chagla became a puisne judge of the Bombay High Court. Fate intervened when India became independent on August 15, 1947. Sir Leonard Stone, then Chief Justice, stepped down and Chagla became the Chief Justice at the age of just 47 and within 6 years of his initial appointment.
The next 11 years were truly memorable and the law reports bear testimony to his erudition, quick grasp and mastery of the English language. What is truly remarkable is that all these reported judgments were dictated immediately after the arguments were over. He reserved judgments in only two cases during his 17-year stint as a judge!! This feat is perhaps unparalleled even today.
In his autobiography, Chagla has given wonderful pen portraits of eminent lawyers and judges of the Bombay High Court. In my view, young lawyers must read these chapters more than once. It shows different advocacy styles of eminent lawyers and the special traits of various judges.
He was also a member of the 14th Law Commission which was headed by the late MC Setalvad, the first Attorney-General for India. This 1,113-page report remains one of the finest and made several recommendations for reforming India’s judicial administration.
During this time, he was also appointed as the Acting Governor of Maharashtra. In September 1957, he was appointed an ad hoc judge before the International Court of Justice in a case between India and Portugal. There were eminent judges from different countries on this court and Chagla made interesting comments at the slow and tardy procedures followed at the ICJ.
While still serving as Chief Justice, Pandit Jawaharlal Nehru invited him to be the Ambassador to the United States. Nehru told him: “Chagla, you have written enough judgments. Now, I want you to serve the country in another capacity.” He later appointed him as the High Commissioner to the United Kingdom. Apart from being Ambassador to the United States, he was also the Ambassador to Mexico and Cuba. These were indeed extremely important assignments and his autobiography records interesting details of his diplomatic work.
Fate took another unexpected turn. Nehru then appointed him as Union Minister for Education and he discharged this office with great distinction. At a time when regional languages were sought to be made the medium of instruction, he emphasised the importance of English, keeping in mind the diversity of India. The Kothari Commission appointed by him made several landmark recommendations for educational reform.
After Indira Gandhi became Prime Minister, she appointed him as Minister for External Affairs in November 1966. In less than a year, he resigned on a matter of principle. The Union Cabinet had taken a decision to provide education only in the regional language up to the undergraduate level. This was to be done within five years. It was also resolved that education would be only in the regional languages at all stages within the next 10 years. Chagla pointed out that this would lead a drastic fall in academic standards and seriously threaten national unity. He could not be a part of the Cabinet which had approved of such a decision.
The end of his political career saw the beginning of a very successful practice in the Supreme Court from 1967. He was a much sought after senior counsel and the law reports show that he had appeared in a number of important cases. On April 24, 1973, the decision in Kesavananda Bharati was delivered. The next day was the saddest in the history of the Indian judiciary. The supersession of three seniormost judges: Justices Shelat, Hegde and Grover, and the appointment of Justice AN Ray as the Chief Justice of India. CK Daphtary was the President of the Supreme Court Bar Association. The supersession led to nationwide protests, condemnation and an unprecedented boycott of two days in the Supreme Court. Chagla was in the forefront of this protest. The supersession was the beginning of several onslaughts on the judiciary and eventually led to the creation of the Collegium. The relations between the judiciary and the executive have never gone back to pre-1973 era.
Chagla published his autobiography Roses in December in 1973 and it became a bestseller. In 1975, he made several speeches protesting against the Emergency. People expected that he would be arrested, but this luckily never happened. What is remarkable is that he was 75 years old and had suffered three heart attacks. Still, he continued to oppose the imposition of Emergency.
Apart from the varied assignments, Chagla enjoyed the good things of life. He regularly played bridge at the Willingdon Club in Bombay, smoked cigars and enjoyed his drink. Thus, he found time to achieve a work-life balance that is so difficult.
In 1981, this great son of India passed away. Even after 45 years, his life continues to inspire and guide us. In my view, every law student and young lawyer must read Roses in December. Indeed, there is no better way to start your legal journey.
Arvind P Datar is a Senior Advocate of the Supreme Court of India.