Justice S.Rathnavel Pandian: A tribute

It was indeed a melancholic Wednesday, to the Legal fraternity, as the 28th day of February 2018 marked the demise of the Former Supreme Court Judge, S.Rathnavel Pandian. He was born on 13.2.1929 at Thiruppudaimarudhur Village in Tiruneveli.[1] He lost his mother when was just 3 days old. He later went to Theerthapathi High School, Ambasamudram. He along with his friends, when he was in elementary school, participated in the Quit India Movement  in 1942. He graduated from Saint Xavier's College at Palayamkottai. He thereafter, went on to pursue his Degree in Law from the renowned Madras Law College in 1954. He took his apprenticeship course under Shri K. Narayanswamy Mudaliar who subsequently became the Judge of the High Court of Madras. He started his legal practise with Thiru Chellapandian and later with Thiru Rajagopala Iyer. His wedlock happened on 30.08.1957 with Selvi Lalitha in a simple manner without following any rites and rituals, namely, ‘Suyamvaram'. He had participated in the Anti-Hindi agitation movements that took place in Tamil Nadu. In 1962, he unsuccessfully contested the Assembly election from Ambasamudram. Nine years later, he entered the electoral fray again from Cheranmahadevi and lost by a thin margin, which compelled him to quit politics, the very next day. [2] He was an Advocate for nearly 17 years having lucrative practice both in the trial and the appellate sides. In August 1971, he was appointed as State Public Prosecutor in the High Court of Madras which he held until he was elevated as Judge in February, 1974.[3] During his swearing in ceremony, the then Advocate General remaked, ‘My Lord Justice S.Rathnavel Pandian, unfortunately lost the Assembly elections in 1971, but fortunately my Lord you became the judge of the Madras High Court. My lord you have two wonderful qualities which is your deep sense of modesty and humanity'.[4] He also acted as Advocate General for a short period in the leave vacancy and held the office of Government Pleader as additional charge, from 18.1.1988 to 29.1.1988 and from 13.3.1988 to 13.12.1988, Justice Pandian was the acting Chief Justice of the Madras High Court. During his judgeship, he was the Acting Chief Justice of Madras High Court, twice. He was later elevated as the Judge of the Supreme Court of India and held office from 14th December, 1988 to 12th March 1994. Thereafter, in 2006 he was appointed as the Chairperson of National Commission for Backward Classes till 2009.[5]

During his tenure as Supreme Court Judge, he had authored various landmark and far-reaching Criminal Law and Constitutional Law verdicts addressing important aspects of law and society. Few notable judgments rendered by him include, the landmark Indira Sawhney V. Union Of India[6], Kartar Singh V. State of Punjab[7], S.R.Bommai V Union of India[8], The Second Judges case[9],and he was time and again had always inclined towards 'Social Justice” and towards the wellness of Socially and Economically Backward classes. In Indira Sawhney's[10] case, the Apex Court had by a 6:3 majority held that, Reservations shall not in any manner exceed 50% and during Reservation policies, the creamy layer has to be excluded and to reserve 27% seats in government service for backward classes. It was also held that there shall be no reservations in promotions. Justice S.Rathnavel Pandian gave a concurring opinion to eliminate the concept of ‘creamy layer' that ran to 161 paragraphs. He had adduced various references, statistics and emphasis from texts, reports and studies in support of his opinion. Expressing his deep sense of commiseration over the Socially and Economically Backward Classes, he stated in the said judgment, 'Alas! What a terrible and traumatic experience it was for them living in their hide-outs having occasional pot-luck under pangs of misery, all through mourning over their perilouspredicament on account of this social ostracism. When people placed at the base level in the hierarchical caste system are living like mutes, licking their wounds -caused by the deadening weight of social customs and mourning their fate for havingbeen born in lower castes - can it be said by any stretch of imagination that caste can never be the primary criterion in identifying the social, economic and educational backwardness? Are not the social and economic activities of Shudras and Panchamas (untouchables) severely influenced by their low caste status?….Those children so long as they are wearing the diaper of social backwardness should be given sufficient time till the Government realises on review that they are completely free from the social backwardness and have equated themselves to keep pace with the advanced classes. In the Second Judges Case[11], Justice S.Rathnavel Pandiyan, while concurring with the majority opinion, threw light on the fact that less than 4 per cent of Judges in the higher judiciary was from among the S.C. and S.T. sections and that less than 3 per cent were women. In his ruling Justice Rathnavel Pandiyan, outlined the contours of interaction between the executive and the judiciary in order to achieve the requisite social justice: "There is every justification for the government to forward lists of candidates belonging to diverse sections of the people to the Chief Justice concerned, who has to ultimately scrutinise the list and take his decision on the merit of the candidates without giving room for any criticism that the selection was whimsical, fanciful or arbitrary or tainted with any prejudice or bias.”

He also chaired the Report of the Fifth Pay Commission, submitted in 1997. He chaired a High-Powered Commission on the socio-economic and industrial development of the southern districts in Tamil Nadu in 1999 and showed keen interest in the development of the southern region.[12] Few notable highlights in the said report include increasing maternity leave period from 90 to 135 days, the minimum starting pay revised from Rs.750 to Rs.2550/-.[13]Justice S. Rathnavel Pandian Commission was also appointed by the State of Jammu and Kashmir to inquire into the deaths of 35 members of Sikh Community in Anatnag District of Jammu and Kashmir, also called as the ‘Barakpora firing', during the year, 1999-2000.[14] Recognising his meritorious contribution in the field of law and human rights, he was presented the Justice V.R.Krishna Iyer Award in 2016. He published his autobiography 'My Life Journey- A to Z” in 2017. "As a judge of the Supreme Court, I followed his valuable advice on how a judge should muster courage to deliver a judgement based on the facts and law without fear or favour," said Justice Rathnavel Pandian during the Book release. Recollecting his long association with Krishna Iyer, Justice Rathnavel Pandian said, "I believe what Krishna Iyer said once, 'Law without politics is blind. Politics without law is deaf'." [15] The Chief Justice of Madras High Court, Justice Indira Banerjee who had attended the Book release remarked that she was ‘overwhelmed by his courtesy and kindness'.[16] Former Odisha Governor M.M.Rajendran described Justice Rathnavel Pandian as an outstanding jurist who adorned every position he held with integrity, fairness and erudition.[17] Although he had demised this world, his contributions to the field of Law and Human Rights will remain for an eternity.

* Advocate and International Arbitrator, Senior Partner, PASS Associates, Advocates and Solicitors and Chairman, Council for National and International Commercial Arbitration, Chennai.

** B.A., LL.B(Hons), LL.M,(Business Laws), Junior Legal Associate, Council for National and International Commercial Arbitration and PASS Associates, Advocates and Solicitors, Chennai.

• [1] Official website of the Hon'ble Supreme Court available at http://164.100.107.37/judges/bio/63_srpandian.htm, last accessed 05.03.2018.

• [2] Speech of the Hon'ble Chief Justice of Madras High Court, Indira Banerjee on Justice S.Rathnavel Pandian's condolence  on 06.02.2018 at the Hon'ble Madras High Court campus.

• [3] 'Former Supreme Court Judge, Rathnavel Pandian passes away”, http://www.livelaw.in/former-supreme-court-judge-justice-ratnavel-pandian-passes-away/, last accessed 05.03.2018.

• [4] Supra at note 2

• [5] 'Former Supreme Court Judge Rathnavel Pandian Dead”, reported in ‘The Hindu' on March 1, 2018 available at http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/former-sc-judge-ratnavel-pandian-dead/article22885403.ece, last accessed 05.03.2018..

• [6] (1996) 6 SCC 506

• [7] (1994) 3 SCC 569

• [8] (1994) 3 SCC 1

• [9] (1993) 4 SCC 441

• [10] supra at note 6

• [11] Supra at note 9

• [12] 'Former SC Judge Rathnavel Pandian dead”, http://www.thehindu.com/news/national/tamil-nadu/former-sc-judge-ratnavel-pandian-dead/article22883893.ece

• [13] Report of the Fifth Central Pay Commission available at http://www.irtsa.net/Fifth_CPC_Report.html, last accessed 05.03.2018
• [14] "Everyone Lives in Fear": Patterns of Impunity in Jammu and Kashmir, Volume 18

• By Human Rights Watch (Organization), September 2006.

• [15] 'Ex-judge says honoured to get award named after icon reported in 'The Times of India”, on January 3, 2016 available at https://timesofindia.indiatimes.com/city/chennai/Ex-judge-says-honoured-to-get-award-named-after-his-icon/articleshow/50422406.cms, last accessed 05.03.2018

• [16] supra at note 2.

• [17] supra at note 5.