Thread -
A friend pointed out that Swatenter Kumar J had resigned few days before his superannuation from SC to become the Chairperson of National Green Tribunal (NGT).
After some research, found 11 examples where a SC judge resigned and 9 where tenure was cut due to death. 1/n
Deaths
1. The 1st CJI H.J.Kania died while serving as one. If he had not died in service, M.P.Sastri and M.C Mahajan would not have become CJIs.
2. Justice Ghulam Hasan, the 2nd muslim judge became a SC judge in 1951 and expired in 1954 after serving for 26 months.
3. Parakulangara Govinda Menon J took oath in Sept 1956 and expired in Oct 1957 due to diabetes. He was an authority in Hindu law.
4. Penmetsa Satyanarayana Raju J became a SC judge in 1965 went on leave due to health reasons after 3 months and expired in 1966 at the age of 57.
Raju J was to become CJI after Sikri J.
5. S.C.Roy J became SC judge in July 1971 & left for heavenly abode in Nov 1971 due to various health ailments after suffering heart attack.
6. S.N.Dwivedi J, father of renowned senior adv @rakvedi served from 1972 - 74 and battled cancer
Justice Dwivedi wrote a remarkable judgment in #KeshavanandaBharati and his line "The Constitution is not intended to be the arena of legal quibbling for men with long purses. It is made for the common people" in the judgment shall forever remain relevant.
7. Justice A.K.Mukherjea who took oath on same day as Dwivedi J died in 1973 due to heart attack.
8. Justice S.M Fazal Ali, the 1st SC judge from J&K HC, was 54 when he was appointed in 1975. He died at the age of 64 due to heart attack.
9. Justice Sabyasachi Mukharji, who was to serve as CJI for 2.5 years was appointed as SC judge in 1983 and succumbed to a heart attack in London in 1990.
Imp -
P.S.Raju, S.C.Roy, S.N.Dwivedi and A.K.Mujherjea JJ all would have served as CJIs except for untimely demise.
Resignations -
1. B.K Mukherjea, 4th CJI, appointed as SC Judge in 1954, resigned due to health reasons in Jan 1956 with around 7 months tenure remaining. 3 weeks later he died.
2. Bachu Jagannathdas J, earlier a member of @INCIndia became a judge in 1953 and resigned in 1957.
Interestingly he resigned to become Chairman of the 2nd Pay Commission, a position he held till 1959.
3. S.J.Imam J became a SC judge in 1955. He was to become CJI after Sinha J's retirement in 1964. He however fell very ill & PM Nehru had to step in to persuade him to resign.
4. K.Subba Rao J, the 9th CJI was appointed as SC judge in 1958. He resigned in 1967 accepting Leader of Opposirion Minoo Masani's invitation to contest presidential election. He obtained 44% votes but lost to @INCIndia 's Dr. Zakir Hussain.
5. Mudholkar J, earlier a District Judge, became a SC Judge in 1960 and resigned in 1966 to become 1st Chairman of the Press Council of India. He resigned from that post on an issue with Chalapathi Raju, then a very influential journo.
6. Justices Shelat, Grover and Hegde resigned over the 1st supersession of judges and Justice H.R.Khanna resigned on the second supersession.
7. Justice R.S.Pathak, became SC judge in 1978 and 18th CJI in 1986. He resigned in 1988 to become India's representative in the International Court of Justice.
8.Justice Baharul Islam, earlier a member of @INCIndia & Rajya Sabha, became SC judge in 1980, 9 months after ret as CJ of Gauhati HC. He resigned in 1983 to contest Lok Sabha election from Barpeta, Assam. Election couldnt be conducted but he was re-elected as Rajya Sabha member
9. Justice Dalveer Bhandari resignee in 2012 to become member in International Court of justice
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