Justice Sudarshan Reddy symbolises humanitarian values in judiciary
Journey in legal education:
Born in 1948, Justice Sudarshan Reddy pursued his legal education in Hyderabad and obtained his law degree from the Law College. Even during his student days, he displayed a strong commitment to the legal system, a deep understanding of constitutional values, and a dedication to social justice. He began his legal career in 1971, advocating on constitutional matters in both the High Courts and the Supreme Court. He gained recognition for his fearless arguments in public interest litigations and constitutional issues. In 1995, he was appointed a judge of the Andhra Pradesh High Court, and later in 2007, he took charge as a judge of the Supreme Court. His judgments consistently reflected a reverence for the Constitution, a protection of people's rights, and a firm commitment to transparent governance. He also served as the Chairman of the National Legal Services Authority (NALSA), launching several initiatives to ensure access to justice for ordinary citizens.
Judicial integrity and distance from politics:
One of the most notable aspects of Justice Reddy's career is his strong belief in keeping the judiciary free from political influence. His landmark judgments continue to serve as guiding lights for legal professionals. His rulings in cases of national importance have had a profound impact on society.
Vice-presidential nomination:
In today's politically turbulent environment, nominating a figure like Justice Reddy symbolizes a stand for ethics and democratic values. The INDIA alliance's decision reflects their respect for judicial integrity and the dignity of constitutional offices. Justice Reddy is also to be commended for his commitment to democracy. His presence in the office of the Vice-President would enhance the stature of the Constitution and uphold moral values. This role would be a fitting tribute to a life devoted to justice.
Landmark Salwa Judum judgment:
Particularly worth discussing is his historic verdict in the Salwa Judum case, which stands as a milestone in Indian judicial history. This decision played a vital role in defending citizens' fundamental rights and upholding constitutional values.
The Salwa Judum case:
In the case Nandini Sundar & others vs State of Chhattisgarh, on July 5, 2011, Justice B. Sudarshan Reddy, along with Justice S.S. Nijjar, delivered a historic and significant judgment. This verdict deserves an entire book of its own (which the author had the privilege of translating and was published by Malupu Publications). The case dealt with the Chhattisgarh government arming tribal youth under the banner of Salwa Judum to combat Maoists.
Key points of the verdict:
1. Salwa Judum declared unconstitutional: The Court held that the government's act of arming tribal civilians to fight Maoists was against the Constitution.
2. Arming civilians is unethical and dangerous: Appointing untrained villagers as Special Police Officers (SPOs) and giving them weapons was described as highly unethical and risky.
3. Violation of fundamental rights: The policy was deemed in violation of Article 14 (Right to Equality) and Article 21 (Right to Life) of the Constitution.
4. Immediate disbanding ordered: The Court ordered an immediate halt to Salwa Judum activities and withdrawal of arms given to civilians.
5. Citizens' safety must be ensured: The ruling stressed that the government must address the Maoist problem through legal and secure means, not by turning civilians into combatants.
Through this landmark judgment, Justice Reddy sent a clear and powerful message to the government about the protection of citizens' rights. It was a significant step in defending human rights and constitutional values. This verdict stands as a shining example of 'Judicial humanism' in Indian legal history.
Speech on the Constitution's preamble:
Recently, in a public address related to a book titled 'Preamble of the Constitution' (authored by the writer), Justice Reddy criticized certain senior figures who argue that the Indian Constitution does not truly belong to India. He cited how, even on the day the Constituent Assembly drafted the Constitution, an editorial in the Organizer newspaper openly refused to recognize the tricolour flag and the Constitution. They declared that they would neither accept it nor follow it. Justice Reddy, referring to such intellectuals, highlighted Dr. Ambedkar's response, who proudly stated that if India's Constitution has been borrowed from multiple global sources, there was no shame in it. 'It is only wise to adopt good ideas, no matter where they come from.'
Nehru's resolution and the idea of Union:
Before the Constitution's enactment, Jawaharlal Nehru had drafted the Objectives Resolution, a precursor to the Preamble. He envisioned a Union of States, emphasizing greater powers to the States, with only essential powers retained by the Union government. This resolution was introduced on April 31, 1946, even before the Partition Plan.
Justice Reddy questioned critics who belittle Nehru's contribution, asking whether they even understand his depth of knowledge—evident in his seminal work The Discovery of India, which explores the Upanishads, the Himalayas, the Ganges, the Aryans, and Mohenjo-Daro. He challenged those who pretend to be learned while unfairly blaming Nehru.
Gandhi's wisdom:
Quoting Gandhi, 'I keep all my windows open to let in fresh ideas from wherever they come,' Justice Reddy remarked how some people try to create artificial conflict between Ambedkar and Gandhi and then take satisfaction in such misrepresentations.
Justice Reddy stands as a symbol of judicial ethics, human rights, and constitutional morality. His nomination to the Vice President's office reflects a broader commitment to preserving democratic and humanitarian values in India.
His judicial career, particularly the Salwa Judum verdict, is a legacy that exemplifies how law can be a tool for justice and compassion in a democratic society.
(The writer is a former CIC and Advisor, School of Law, Mahindra University, Hyderabad)
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