>SONIANKIT135 at 08:10, 21 April 2021

2021-04-21T08:10:21Z

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{{short description|37th Chief Justice of India}}
{{Use Indian English|date=August 2015}}
{{Use dmy dates|date=March 2020}}
{{Infobox officeholder
| image = K. G. Balakrishnan.jpg
| name = Konakuppakatil Gopinathan Balakrishnan
| caption = Justice K. G. Balakrishnan, during an official visit to Brasília in 2008
| order = 37th
| office = Chief Justice of India
| termstart = 14 January 2007
| termend = 12 May 2010
| appointer = [[A. P. J. Abdul Kalam]]
| predecessor = [[Y. K. Sabharwal]]
| successor = [[Sarosh Homi Kapadia]]
|office2 = Chairman [[National Human Rights Commission of India|National Human Rights Commission]]
|term_start2 = 7 June 2010
|term_end2 = 11 May 2015
|predecessor2=
|successor2 =
|alma_mater = [[Government Law College, Ernakulam]]
| birth_date = {{birth date and age|1945|5|12|df=y}}
| birth_place = [[Kaduthuruthy]], [[Travancore]], [[British India]]
| spouse = Nirmala Balakrishnan
}}
'''Konakuppakatil Gopinathan Balakrishnan''' (born 12 May 1945) was the former Chairperson of the [[National Human Rights Commission of India]]. He is a former [[Chief Justice of India]].
He was the first judge from kerala to become the Chief Justice of the [[Supreme Court of India|Supreme Court]]. His tenure lasting more than three years has been one of the longest in the [[Supreme Court of India]]. In 2010, he was conferred with an [[honorary doctorate]] by [[Cochin University of Science and Technology]].<ref>{{Cite web |date=2010-12-07 |title=Acceptance speech by Justice K.G Balakrishnan |url=http://dspace.cusat.ac.in/jspui/handle/123456789/1853 |access-date=2020-11-05 |website=[[Cochin University of Science and Technology|CUSAT]]}}</ref>

==Early life and education==
Justice K. G. Balakrishnan was born at [[Kaduthuruthy]], near [[Vaikom]], [[Kingdom of Travancore]]<ref>[http://www.ambedkar.org/News/JusticeK.htm "Justice K. G. Balakrishnan: Rising From Down Under"]. Ambedkar.org. Retrieved 19 April 2015.</ref><ref name=Suhrawardy>Nilofar Suhrawardy. [http://www.arabnews.com/node/293257 "‘Pride of Kerala’ Is India’s Chief Justice"]. ''Arab News''. Retrieved 19 April 2015.</ref> According to Balakrishnan, "Though my father was only a matriculate and my mother had her schooling only up to the seventh standard, they wanted to give their children the best education."<ref name=Nath>Shloka Nath (28 December 2009). [http://forbesindia.com/printcontent/8412 "People's Advocate"]. ''Forbes''. Retrieved 19 April 2015.</ref> His father was a clerk in the Vaikom munsiff court and was a classmate of [[K. R. Narayanan]] who hailed from Uzhavoor, a village near [[Vaikom]].<ref>V. K. Shashikumar (17 June 2011). [http://www.firstpost.com/politics/how-ex-cji-was-compromised-by-his-political-lobbying-25927.html "How ex-CJI was compromised by his political lobbying"]. Firstpost. Retrieved 19 April 2015.</ref>

After completing his primary education in Thalayolaparambu, he finished school at the Government High School, [[Vaikom]] for which he had to walk 5 km every day. Subsequently, he joined the [[Maharaja's College, Ernakulam]], where he studied for his BSc He took his [[Bachelor of Laws]] (L.L.B.) degree from the [[Government Law College, Ernakulam]], and enrolled as an [[advocate]] in the Kerala Bar Council in 1968, beginning practice at the Munsiff's court, Vaikom. He then completed his L.L.M. in 1971.

==Career==
[[File:High Court of Kerala Building.jpg|thumb|left|230px|[[Kerala High Court]]]]
As an advocate he pleaded both criminal and civil cases in the Ernakulam court. He was later appointed as a [[District Munsiff Court|Munsiff]] in the Kerala Judicial Services in 1973. He later resigned from the services and resumed practice as an advocate in the [[Kerala High Court]]. In 1985, he was appointed as a judge of the Kerala High Court, and was transferred to the [[Gujarat High Court]] in 1997. He became the Chief Justice of Gujarat High Court in 1998, and in 1999, he assumed charge as the Chief Justice of the High Court of Judicature at Madras. While being Chief Justice of Gujarat High Court, he also discharged duties of [[Governor of Gujarat]] for about two months and also as the Member of the General Council of the [[Gujarat National Law University]].<ref>"[http://www.indianexpress.com/res/web/pIe/ie/daily/19990114/01450725.html Centre moves Gujarat Governor to Rajasthan, raises questions] {{webarchive|url=https://web.archive.org/web/20070929124935/http://www.indianexpress.com/res/web/pIe/ie/daily/19990114/01450725.html |date=29 September 2007 }}." ''[[Indian Express]]''. 14 January 1999.</ref>

On 8 June 2000 he was appointed a judge of the [[Supreme Court of India|Supreme Court]]. He was sworn in as the Chief Justice of India on 14 January 2007 by then President [[A. P. J. Abdul Kalam]].<ref>[http://www.supremecourtofindia.nic.in/judges/bio/sitting/bkgopinathan.htm Hon'ble Justice Mr. K. G. Balakrishnan] {{webarchive|url=https://web.archive.org/web/20081013141409/http://www.supremecourtofindia.nic.in/judges/bio/sitting/bkgopinathan.htm |date=13 October 2008 }}</ref> After his retirement on 12 May 2010, he has been serving since 7 June 2010 as the Chairman of the [[National Human Rights Commission (India)|National Human Rights Commission]].<ref>[http://www.thehindu.com/news/national/article445911.ece Balakrishnan is NHRC chairman]</ref>

==Public stances, opinions and views==
Balakrishnan has tried to exempt the Office of the Chief Justice of India from the purview of the Right to Information Act.<ref name=oi-rti>[http://news.outlookindia.com/item.aspx?672590 CJI's Office Comes Within RTI Act: Delhi HC] {{webarchive|url=https://web.archive.org/web/20100117142826/http://news.outlookindia.com/item.aspx?672590 |date=17 January 2010 }}. news.outlookindia.com. Retrieved on 2010-12-27.</ref> He ordered the Supreme Court registry to file an appeal before the Supreme Court against the Delhi High Court judgement making the office of the CJI amenable to the RTI act.<ref>[http://www.thehindu.com/news/national/article217154.ece Supreme Court challenges verdict bringing CJI under RTI]</ref> He has also spoken about the need for amending the RTI act in the interests of the right to privacy.<ref>[http://www.thehindu.com/news/national/article857286.ece RTI Act needs changes to ensure privacy: Balakrishnan]</ref>

Justice K. G. Balakrishnan has said "due regard" must be given to the "personal autonomy" of rape victims to decide on whether they should marry the perpetrator or choose to give birth to a child conceived through forced crime.<ref>[http://www.thehindu.com/news/national/article202464.ece The Hindu : News / National : Respect personal autonomy of rape victims, says K. G. Balakrishnan]. Beta.thehindu.com (2010-03-08). Retrieved on 2010-12-27.</ref> Lawyers and women's rights activists have expressed some reservations.<ref>[http://indiatoday.intoday.in/site/Story/87280/India/Women+blast+Balakrishnan+remarks+on+rape+victims.html Women blast Balakrishnan remarks on rape victims]. Indiatoday.intoday.in (2010-03-09). Retrieved on 2010-12-27.</ref>

Justice KG Balakrishnan has stated that pornography sites and hate speeches should be banned from the internet.<ref>[http://www.expressindia.com/latest-news/CJI-wants-ban-on-websites-displaying-porn/573683/ CJI wants ban on websites displaying porn] {{webarchive|url=https://web.archive.org/web/20100206041016/http://www.expressindia.com/latest-news/CJI-wants-ban-on-websites-displaying-porn/573683/ |date=6 February 2010 }}. Express India. Retrieved on 2010-12-27.</ref> He also passed a judgment stating that journaling on the web any thing hateful even against a political party is liable for censorship.<ref>[https://web.archive.org/web/20110811034911/http://articles.timesofindia.indiatimes.com/2009-02-24/india/28004608_1_criminal-proceedings-ajith-criminal-case Bloggers can be nailed for views – The Times of India]. Timesofindia.indiatimes.com (2009-02-24). Retrieved on 2010-12-27.</ref>

On a visit to [[Kasaragode]] as NHRC Chairman initiating [[suo motu]] complaint, Balakrishnan felt there had been violations of human rights against the populace by the harmful spraying of the pesticide [[Endosulfan]], and recommended the founding of a super-speciality hospital for the relief of the victims.<ref>[https://web.archive.org/web/20121108151637/http://www.hindu.com/2010/12/18/stories/2010121853100500.htm NHRC chairperson to visit Endosulfan-affected areas] [http://www.thehindu.com/news/states/kerala/article961239.ece?service=mobile NHRC moots super-specialty hospital for Endosulfan victims] {{YouTube|azOs3iVhAww|Video coverage}} [http://nhrc.nic.in/dispArchive.asp?fno=2175 NHRC's Recommendations on Endosulfan, 31 Dec. 2010] {{Webarchive|url=https://web.archive.org/web/20110302202258/http://www.nhrc.nic.in/disparchive.asp?fno=2175 |date=2 March 2011 }}</ref>

==Notable judgments==
In a [[Kerala High Court]] judgement he asked the election commission to debar the political parties which impose [[hartal]]s on the public causing them suffering.<ref name="Supreme Court may get first Dalit CJ">{{cite news | url=http://www.business-standard.com/india/news/supreme-court-may-get-first-dalit-cj/258680/ | title=Supreme Court may get first Dalit CJ | date=31 July 2006 | access-date=16 May 2012}}</ref>

Making distribution of lunch compulsory in schools.{{citation needed|date=June 2012}}

He was a part of the three-member [[Supreme Court of India|Supreme Court]] bench that decided a [[public interest litigation]] (PIL) filed by two [[National Democratic Alliance (India)|National Democratic Alliance]] leaders seeking the cancellation of bail of [[Rashtriya Janata Dal]] chief [[Lalu Prasad]] and his wife and former Bihar Chief Minister [[Rabri Devi]] for their interference in the judicial process in the [[disproportionate assets]] (DA) and Income Tax cases against them. The verdict (2-1) went in favour of Prasad. Justice Balakrishnan and Justice Lakshmanan said according to Article 233 of the [[Constitution of India]] the Governor has power to appoint a judge in the subordinate judiciary in consultation with the High Court Administration and held that it was the prerogative of the government to appoint any lawyer as public prosecutor. However, Justice [[S H Kapadia]] gave a dissenting judgement saying the income tax department should have filed an appeal against the Income Tax Appellate Tribunal (ITAT) order. On the issue of promotion of judge Munni Lal Paswan, he said, while competence and suitability of two other judges, who were promoted to the post of Special Judge along with Paswan, were determined on the basis of annual confidential report (ACRs) and inspecting the judges' reports, the criteria was not applied while promoting Paswan who had been found to be slow in disposing cases.<ref name="SC reprieve for Lalu PIL to cancel bail rejected">{{cite news | url=http://www.tribuneindia.com/2006/20060822/main5.htm | title=SC reprieve for Lalu PIL to cancel bail rejected | date=22 August 2006 | access-date=16 May 2012}}</ref><ref name="Lalu, Rabri win a reprieve in SC">{{cite news | url=http://articles.timesofindia.indiatimes.com/2006-08-22/india/27809402_1_justice-kapadia-rabri-devi-income-tax | archive-url=https://archive.today/20130103070402/http://articles.timesofindia.indiatimes.com/2006-08-22/india/27809402_1_justice-kapadia-rabri-devi-income-tax | url-status=dead | archive-date=3 January 2013 | title=Lalu, Rabri win a reprieve in SC | date=22 August 2006 | work=[[The Times of India]] | access-date=16 May 2012 }}</ref>

In 2010, he passed a judgement prohibiting [[narcoanalysis]] in interrogations.<ref name=frontline-2010>{{cite news|last=Venkatesan|first=V.|title=Moment of truth|url=http://www.flonnet.com/fl2711/stories/20100604271103700.htm|access-date=20 June 2012|newspaper=Frontline|date=22 May 2010|url-status=dead|archive-url=https://web.archive.org/web/20130211022319/http://flonnet.com/fl2711/stories/20100604271103700.htm|archive-date=11 February 2013}}</ref>

==Controversies==
Justice [[H. L. Gokhale]] of the Supreme Court has accused Balakrishnan of misrepresenting facts to conceal sacked telecom minister [[A. Raja]]'s attempt to influence Justice R. Reghupathy of the [[Madras High Court]], on behalf of two murder accused known to the [[Dravida Munnetra Kazhagam|DMK]] leader.<ref>{{cite news| url=http://www.thehindu.com/news/national/article1046183.ece | location=Chennai, India | work=The Hindu | first=J. | last=Venkatesan | title=Produce Regupathi's letter to Gokhale | date=7 January 2011}}</ref> A petition-seeking vigilance probe into the allegations of "amassment of wealth disproportionate to their sources of income" by Balakrishnan's family members, was filed before the Income Tax Vigilance and Anti-Corruption Bureau.<ref>{{cite news|url=http://www.indianexpress.com/news/petition-seeking-vigilance-probe-against-kgb-family-members-filed/733768/ |title=Petition seeking vigilance probe against KGB family members filed |work=Indian Express|date=2011-01-05 |access-date=2013-02-10}}</ref> In February 2012, the [[Supreme Court of India]] in a case filed by the NGO Common Cause, inquired of the government as to the progress in the probe against Justice Balakrishnan.<ref>{{cite news |url=http://www.thestatesman.net/index.php?option=com_content&view=article&id=399983&catid=35 |archive-url=https://archive.today/20130222100126/http://www.thestatesman.net/index.php?option=com_content&view=article&id=399983&catid=35 |url-status=dead |archive-date=22 February 2013 |title=Ex-CJI assets: SC asks govt about action taken |publisher=The Statesman |date=10 February 2013 |access-date=2013-02-10 }}</ref>

==Personal life==
Justice K. G. Balakrishnan is married to Nirmala and they have a son and two daughters - Pradeep, Sony and Rani. He has 5 brothers and 2 sisters. His younger brother K. G. Bhaskaran was government pleader in [[Kerala High Court]] and another brother K. G. Raju was conferred [[Indian Administrative Service|IAS]] by [[Kerala Government]] and served as District Collector for [[Wayanad district|Wayanad]], [[Kerala]].<ref>{{cite news |url=http://in.news.yahoo.com/another-son--in--law-of-ex-cji-k--g--balakrishnan-in-the-dock-20110104.html |title=Another son- in- law of ex-CJI K. G. Balakrishnan in the dock |publisher=Yahoo! News India |date=2011-01-05 |access-date=2013-02-10 |archive-url=https://web.archive.org/web/20110109004432/http://in.news.yahoo.com/another-son--in--law-of-ex-cji-k--g--balakrishnan-in-the-dock-20110104.html |archive-date=9 January 2011 |url-status=dead}}</ref>

==Quotes==
*"Really, it is a matter of pride for us, but what I achieved is the result of hard labour and integrity."
*"Both advocates and judges have an equal responsibility towards the society. So both deserve equal respect from the people."
*"The forcible strikes by political parties has a very bad effect on common people. You can see how patients, passengers, and children suffer during strikes."
*"Trial and defence lawyers should not terrorise witnesses. A judge should be alert and caring."<ref>[http://www.judicialreforms.org/files/Telegraph%20CJI%20points%20to%20judges%20ignorance.pdf CJI points to ignorance of Judges] {{webarchive|url=https://web.archive.org/web/20110726223521/http://www.judicialreforms.org/files/Telegraph%20CJI%20points%20to%20judges%20ignorance.pdf |date=26 July 2011 }}</ref>
*"Any dilution of the right to a fair trial for all individuals, however heinous their crimes may be, will be a moral loss against those who preach hatred and violence."<ref>K. G. Balakrishnan: [http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2008121653310800.htm&date=2008/12/16/&prd=th& Terrorism, rule of law, and human rights] {{Webarchive|url=https://web.archive.org/web/20081220020149/http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2008121653310800.htm&date=2008%2F12%2F16%2F&prd=th& |date=20 December 2008 }}, The Hindu, 16 December 2008.</ref>
*"In India, different types of crimes are on the increase. The death penalty will have a deterrent effect on the people. If you analyse [the cases], many of those who were given death penalty really deserved it in the cases imposed [on them]."<ref>[http://www.thehindu.com/news/national/article546402.ece Death penalty has deterrent effect: NHRC chairperson], The Hindu, 2 August 2010</ref>

==References==
{{reflist}}

==Further reading==
*[https://web.archive.org/web/20081013141409/http://www.supremecourtofindia.nic.in/judges/bio/sitting/bkgopinathan.htm Home page of Hon'ble Justice Mr. K. G. Balakrishnan as the Chief Justice of India]
*V. Venkatesan: [https://web.archive.org/web/20071025082538/http://www.hinduonnet.com/fline/fl1721/17210960.htm Judiciary and Social justice], Frontline, Oct. 2000.
*V. Venkatesan: [https://web.archive.org/web/20090129134321/http://www.hinduonnet.com/thehindu/thscrip/print.pl?file=2009011052131100.htm&date=2009%2F01%2F10%2F&prd=th& Interview with the CJI], The Hindu, 10 Jan. 2009.

{{S-start}}
{{S-legal}}
{{succession box | before = [[Yogesh Kumar Sabharwal]] | title = [[Chief Justice of India]] | years =14 January 2007 – 12 May 2010 | after = [[S. H. Kapadia]]}}
{{s-gov}}
{{succession box|
before=[[Anshuman Singh]]|
title=[[Governors of Gujarat|Governor of Gujarat]] (Acting)|
years=Jan 1999 – March 1999 |
after= [[Sunder Singh Bhandari]]|
}}
{{S-end}}

{{Chief Justices of India}}
{{Governor of Gujarat}}

{{authority control}}

{{DEFAULTSORT:Balakrishnan, K. G.}}
[[Category:1945 births]]
[[Category:People from Kottayam district]]
[[Category:Living people]]
[[Category:Chief Justices of India]]
[[Category:Chief Justices of the Madras High Court]]
[[Category:20th-century Indian judges]]
[[Category:Governors of Gujarat]]
[[Category:Judges of the Kerala High Court]]
[[Category:Judges of the Gujarat High Court]]
[[Category:Maharaja's College, Ernakulam alumni]]
[[Category:21st-century Indian lawyers]]
[[Category:People of the Kingdom of Travancore]]
[[Category:21st-century Indian judges]]
[[Category:20th-century Indian lawyers]]

K. G. Balakrishnan - Revision history

>SONIANKIT135 at 08:10, 21 April 2021