Few names shine as bright as Justice Aziz Mushabber Ahmadi in the history of India’s judiciary. A defender of constitutional morality and a champion of justice, he dedicated his life to upholding the values of equity, secularism, and human dignity.
Seventy years ago, a young Ahmadi started his practice in the trial courts of Ahmedabad and, in 1964, when he was 32 years old, he was appointed as a judge in the civil and sessions court in Ahmedabad. Thirty years ago, in 1994, Ahmadi was appointed the 26th Chief Justice of India in an era of shifting political algebra, expanding macroeconomic landscape, and mounting public expectations.
In his biography, The Fearless Judge, his granddaughter, Insiyah Vahanvaty, paints a vivid picture of this turbulent period and how Ahmadi navigated the complexities of his role because of radically difficult choices and ethical dilemmas. Yet, he remained true to his core belief that the judiciary must, at all costs, defend the rule of law and the integrity of the Constitution.
In the face of the challenges posed by new political formations and rapidly evolving pressures, his leadership came to represent the preservation of constitutional values and the defence of the rights and freedoms of ordinary citizens. One of his most significant contributions was his unwavering commitment to secularism. Vahanvaty reveals in the book how, despite intense pressure from the chief of security, Ahmadi refused to dismiss his Sikh secretary after his judgment that awarded the assassins of General AS Vaidya the death sentence. Bristling at the suggestion that an individual’s character and loyalty be judged by his religious background, he refused to budge, much to the frustration of the security chief.
His landmark judgment in the SR Bommai (1994) reinforced the principle that the President’s power to impose presidential rule under Article 355 was not absolute. This judgment remains a critical reference point in constitutional law and reaffirms the fundamental tenets of India’s democratic and constitutional ethos.
In L Chandrakumar (1997), he held that the power of judicial review is an integral part of our Constitution’s basic structure. This judgment continues to safeguard the independence of the judiciary and its role as the ultimate interpreter of the Constitution.
In Indira Sawhney, two years before he took over as the CJI, he contributed to the discourse on affirmative action. That decision of the Supreme Court, of course, ensured that social justice remained aligned with constitutional mandates.
Ahmadi’s philosophy was rooted in the principles of fairness and justice. He wielded the law as a tool to protect the fundamental rights of citizens. Vahanvaty informs us that it was because of a childhood spent in rural India that he learnt that there is a lot more behind every legal argument — the lives of people, their challenges, and their struggles. While the law must be applied impartially, it must also be tempered with compassion and empathy for the broader context in which a case is being decided.
As a mentor to young lawyers, he recognised the importance of nurturing the next generation of law students and legal professionals. He initiated the system of judicial clerkship, providing fresh law graduates with invaluable opportunities to engage with the highest levels of judicial deliberation.
His initiative to make Supreme Court judgments available in digital formats (through CDs and floppy disks at that time) was a testament to his forward-thinking approach in making legal knowledge more accessible to all. After retirement, he served as the chancellor of Aligarh Muslim University for much of the internet-enabled decade of the 21st century. He led AMU’s partnership with the Nuclear Science Centre and the Central Council for Research in Unani Medicine.
Ahmadi played a pivotal role in strengthening the doctrine of judicial review, ensuring that legislative and executive actions remained within constitutional limits. His most enduring legacy is perhaps his fearlessness. His carefully articulated dissenting opinions and steadfast commitment to his own moral compass ensured that his tenure was not just about administering the apex court, but also about redefining its purpose. He championed judicial independence while maintaining a constructive dialogue with the executive.
The inner workings of the bench, under his leadership, are captured well in the book. Whether it was making unpopular decisions at great personal cost or speaking truth to power, his courtroom was a place where justice spoke louder than politics and where fairness mattered more than power.
The celebrations around the 75th anniversary of the adoption of India’s Constitution will remain incomplete without reflecting on the tumultuous periods where the judiciary didn’t just make difficult decisions, it shaped history and Justice Ahmadi will be remembered for being a significant contributor to this extraordinary 75-year-old journey.
Ashish Bharadwaj is professor and founding dean, and Simrean Bajwa is research associate, BITS Law School Mumbai under BITS Pilani. The views expressed are personal
