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Mohammad Hidayatullah
Mohammad Hidayatullah 17 December 1905
– 18 September 1992) was the 11th Chief Justice of India serving from 25 February 1968 to 16 December 1970, and the sixth Vice President of India, serving from 31 August 1979 to 30 August 1984. He had also served as
the Acting President of India from 20 July 1969 to 24 August 1969 and from 6 October 1982 to 31
October 1982. He is regarded as an eminent jurist, scholar, educationist,
author and linguist.
Childhood
& Early Life
·
Hidayatullah was born in 1905 in the well-known family of Khan Bahadur
Hafiz Mohammed Wilayatullah, an upper-class family. His grand father Munshi
Kudartullah was advocate in Varanasi. His father
was a poet of all-India repute who wrote poems in Urdu and probably it must
have been from him that Justice Hidayatullah got his love for language and
literature.
·
Wilayatullah was Gold medallist of Aligarh Muslim University in 1897
besting famous mathematician Sir Ziauddin Ahmad, a favourite
of Sir
Syed Ahmed Khan. He served till 1928 in ICS and from 1929–33 as member of Central
Legislative Assembly. Hidaytullah's elder brothers Mohammed
Ikramullah(ICS, later Foreign Secretary, Pakistan) and
Ahmedullah (ICS, retired as Chairman, Tariff Board) were scholars as well as
sportsmen. He on the other hand excelled in Urdu poetry.
·
After completing primary education at the Government High School
of Raipur in
1922, Hidayatullah attended Morris College in Nagpur, where he
was nominated as the Phillip's Scholar in 1926. When he graduated in
1926, he was awarded the Malak Gold Medal. Following the trend of Indians
studying British law abroad, Hidayatullah attended Trinity College at the University of Cambridge from
1927 to 1930 and obtained B.A. and M.A. Degrees from there. Here he secured the
2nd order of merit and was awarded a Gold Medal for his performance in 1930. He
was called to the Bar from Lincoln's Inn when he
was just 25 years old.
·
He was awarded LL.D. (Honoris Causa) from University of the Philippines and D.
Litt. (Honoris Causa) from University of Bhopal (now
Barkatullah University) and University
of Kakatiya. While at Cambridge, Hidayatullah was elected and served as the
President of the Indian Majlis in 1929. Also while here, he pursued English and
Law Tripos from the renowned Lincoln's Inn. In addition
he secured a place of Barrister-at-Law in 1930.
Career
·
After graduation, Hidayatullah returned to India and enrolled as an
advocate of the High Court of Central Provinces and Berar at Nagpur on 19
July 1930. He also taught Jurisprudence and Mahomedan Law in the University
College of Law at Nagpur and was also the Extension Lecturer in English
literature. On 12 December 1942, he was appointed GovernmentPleader in the High
Court at Nagpur.
·
On 2 August 1943, he became the Advocate General of Central Provinces
and Berar (now Madhya Pradesh) and
continued to hold the said post till he was appointed as an Additional Judge of
that High Court in 1946. He had the distinction of being the youngest Advocate General of
an Indian state, Madhya Pradesh.
·
On 24 June 1946, Hidayatullah was appointed as Additional Judge of that
High Court of Central Provinces and Berar and on 13 September 1946 he was
appointed as permanent judge of said High Court where he served until being
elevated to Chief Justice of the Nagpur High Court in 1954 on 3 December 1954,
being the youngest Chief Justice of a
High Court. In November 1956, he was then appointed as the Chief Justice of
Madhya Pradesh High Court.
·
On 1 December 1958, he was elevated as a justice to the Supreme Court of India. In his time
he was the youngest judge of the Supreme Court of India. After
serving as a judge for nearly 10 years, he was appointed as the Chief Justice of India on 28
February 1968 – becoming the first Muslim Chief Justice of India. He retired
from this position on 16 December 1970.
Major
Works
·
During his term as
the Chief Justice of India, the then-President of India, Zakir Husain died suddenly, in harness, on 3 May 1969. Then Vice-President of India Mr. V. V. Giri became
the acting President. Later, Giri resigned from both offices as acting President and
Vice-President to become a candidate in the 1969
Presidential Election. Hidayatullah then served
as the President of India for a short period from 20 July to 24 August, as the Constitution
of India states that, in the absence of President and Vice-President, the Chief
Justice should act as President. The visit of President of the United States Richard Nixon to
India made his Presidential term historic.
·
Having served at all of
these positions made Hidayatullah unique among other members of Indian history.
He became the only person to have served in all three offices of Chief Justice of India, President of India, and the Vice-President of India.
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Personal
Life & Legacy
· Before being
elevated as a judge to High Court, Hidayatullah was involved in local and state
affairs. The following are some of the committee positions he held:
·Member of the
Nagpur Municipal Committee (1931–1933)
·Member of the
Nagpur University's Executive and Academic Councils (1934–1953)
·Member of the
Nagpur Improvement Trust (1943–1945)
·Member of the
Nagpur Bar Council (1943–1946)
·
Having received an
education at one of the premier legal institutions of the time, Hidayatullah
was able to segue into an academic career not long after returning to India. In
1935, he took a teaching post at University College of Law, where he taught
until 1943. Later he served as Dean of the Faculty of Law at Nagpur University from
1949 to 1953. In addition, he served as Faculty of Law at various other
institutions throughout the 1950s: Sagar University, Court
Vikram University, and the Aligarh Muslim University.
· Hidayatullah was the president of Indian Law Institute, International Law Association (Indian Branch), Indian
Society of International Law from
1968 to 1970. He also presided the Indian Red Cross Society in 1982. He was closely associated with Hunger Project of USA,
World Association of Orphans and Abandoned Children (Geneva), and Independent
Commission on International Humanitarian Issues (1982–84).
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