B Sudershan Reddy: A judge who always kept politics out of judiciary

For many, the announcement by the INDIA alliance to nominate former Supreme Court judge Justice B Sudershan Reddy as its candidate for the vice-president's post appears to be a commendable decision.

From every perspective, Justice Sudershan Reddy is eminently qualified for this constitutional position. A judge deeply committed to the rule of law, he has dedicated his life to upholding constitutional values in the Indian democratic framework.

Among the pillars of the Indian Constitution, the judiciary holds a critical role. Some judges have etched their names in history through their unwavering integrity, distinctive vision, and faith in democratic principles and Justice B Sudershan Reddy is certainly one among them.

Journey in legal education

Born in 1948, Justice Sudershan Reddy pursued his legal education in Hyderabad and obtained his law degree from the Law College. Even during his student days, he displayed a strong commitment to the legal system, a deep understanding of constitutional values, and a dedication to social justice.

He began his legal career in 1971, advocating on constitutional matters in both the High Courts and the Supreme Court. He gained recognition for his fearless arguments in public interest litigations and constitutional issues.

In 1995, he was appointed a judge of the Andhra Pradesh High Court, and later in 2007, he took charge as a judge of the Supreme Court of India. His judgments consistently reflected a reverence for the Constitution, a protection of people's rights, and a firm commitment to transparent governance.

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He also served as the chairman of the National Legal Services Authority (NALSA), launching several initiatives to ensure access to justice for ordinary citizens.

Judicial integrity

One of the most notable aspects of Justice Reddy’s career is his strong belief in keeping the judiciary free from political influence. His landmark judgments continue to serve as guiding lights for legal professionals. His rulings in cases of national importance have had a profound impact on society.

In today's politically turbulent environment, nominating a figure like Justice Sudarshan Reddy symbolises a stand for ethics and democratic values. The INDIA alliance's decision reflects their respect for judicial integrity and the dignity of constitutional offices.

Justice Reddy is also to be commended for his commitment to democracy. His presence in the office of the Vice-President of India would enhance the stature of the Constitution and uphold moral values.

This role would be a fitting tribute to a life devoted to justice.

Landmark Salwa Judum judgment

Particularly worth discussing is his historic verdict in the Salwa Judum case, which stands as a milestone in Indian judicial history. This decision played a vital role in defending the citizens' fundamental rights and upholding constitutional values.

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In the Nandini Sundar & Others vs State of Chhattisgarh, on July 5, 2011, Justice B Sudarshan Reddy, along with Justice S.S. Nijjar, delivered a historic and significant judgment. This verdict deserves an entire book of its own (which the author had the privilege of translating and was published by Malupu Publications).

The case dealt with the Chhattisgarh government arming tribal youth under the banner of Salwa Judum to combat Maoists. The apex court was addressing the legality of the State's counter-insurgency strategy involving Special Police Officers (SPOs), primarily tribal youth, in anti-Maoist operations.

The key points of the verdict were:

Salwa Judum was declared unconstitutional: The court held that the government's act of arming tribal civilians to fight Maoists was against the Constitution.

Arming civilians is unethical and dangerous: Appointing untrained villagers as Special Police Officers (SPOs) and giving them weapons was described as highly unethical and risky

Violation of fundamental rights: The policy was deemed in violation of Article 14 (Right to Equality) and Article 21 (Right to Life) of the Constitution.

Disbanding ordered immediately: The court ordered an immediate halt to Salwa Judum activities and withdrawal of arms given to civilians.

The government must ensure citizens' safety: The ruling stressed that the government must address the Maoist problem through legal and secure means, not by turning civilians into combatants.

Through this landmark judgment, Justice Sudershan Reddy sent a clear and powerful message to the government about the protection of citizens’ rights. It was a significant step in defending human rights and constitutional values.

This verdict stands as a shining example of “judicial humanism” in Indian legal history.

Adopting good ideas

Recently, in a public address related to a book titled Preamble of the Constitution (authored by the writer), Justice Sudershan Reddy criticised certain senior figures who argue that the Indian Constitution does not truly belong to India.

He cited how, even on the day the constituent assembly drafted the Constitution, an editorial in the Organizer newspaper openly refused to recognise the Tricolour flag and the Constitution.

They declared they would neither accept it nor follow it.

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Justice Reddy, referring to intellectuals, highlighted Dr BR Ambedkar's response, who proudly stated that if India’s Constitution borrowed from multiple global sources, there was no shame in it. “It is only wise to adopt good ideas, no matter where they come from,” he had said.

Union of States

Before the Constitution’s enactment, Jawaharlal Nehru had drafted the objectives resolution, a precursor to the Preamble. He envisioned a Union of States, emphasising greater powers to the States, with only essential powers retained by the Union government. This resolution was introduced on April 31, 1946, even before the Partition Plan.

Justice Reddy questioned critics who belittle Nehru’s contribution, asking whether they could even understand his depth of knowledge, evident in his seminal work The Discovery of India, which explores the Upanishads, the Himalayas, the Ganges, the Aryans, and Mohenjo-Daro.

He challenged those who pretend to be learned while unfairly blaming Nehru.

Gandhiji’s wisdom

Quoting Mahatma Gandhi, Justice Reddy has said, “I keep all my windows open to let in fresh ideas from wherever they come."

Furthermore, he said that some people attempt to create an artificial conflict between Ambedkar and Gandhi, and then take pleasure in such misrepresentations.

Justice B Sudershan Reddy stands as a symbol of judicial ethics, human rights, and constitutional morality. His nomination to the Vice- President’s office reflects a broader commitment to preserving democratic and humanitarian values in India.

His judicial career, particularly the Salwa Judum verdict, is a lasting legacy that exemplifies how law can be a tool for justice and compassion in a democratic society.