Gandhiji once said, “Life and death are but phases of the same thing, the reverse and obverse of the same coin. Death is necessary for man’s growth as life itself is.” To Tagore, the journey was “let life be beautiful like summer flowers and death be like autumn leaves”.
Shanti Bhushan, affectionately called Shantiji, was independent India’s most courageous lawyer. He always stood on a high pedestal, espousing honesty in judicial life. He not just spoke, but fought against corruption in public life, exposing Indira Gandhi or P V Narasimha Rao, even former Chief Justices of the Supreme Court.
An outstanding and hugely successful lawyer, a respected Advocate General of UP, an active Law Minister, a crusader on public issues of great significance, Shantiji lived the most fulfilling life. As a lawyer, he was totally self-made. Starting his practice in Allahabad, he acquired a respectable name in a short time and then having started practice in the Supreme Court after 1980, he became a leading lawyer. Commanding thriving practice on varied subjects, he also commanded a very high standard in fees.
But he was one of the hardest working lawyers one could encounter. Every page of his brief would be read carefully and marked diligently. Never did he enter a courtroom without thorough preparation. Extremely soft spoken outside the court, he was effective inside with a resounding, and at times booming, voice. His sheer presence had an impact on all – the judges, the lawyers and the litigants. If he could at times be tough with judges, with the opposite lawyers he was always courteous and calm.
Outside courtrooms, he was hilarious, regaling one and all with very funny jokes and courtroom stories. One could not reconcile that this was The Shanti Bhushan. He loved the judiciary in his own way and strongly believed in its independence. His crusade against corruption and nepotism in the institution was due to that love.
He was the most ardent admirer of honest and bright judges and the most feared critic of the corrupt and the inefficient. While facing possible contempt proceedings, Shantiji told the Supreme Court, “The applicant will consider it a great honour to spend time in jail for making an effort to get for the people of India an honest and clean judiciary.”
He had many interests in life. He was a voracious reader, a crazy cricket fan and an avid golfer. He constantly talked about India’s democracy, its challenges and pitfalls, on public platforms and travelled across the nation to do so. He was a constant teacher to the young Indians, especially the lawyers, inspiring them to follow the right and courageous path.
He successfully argued the election case for Raj Narain against Indira Gandhi before Justice Sinha of the Allahabad High Court. During hearings, he strongly rebuked the then Attorney General’s casual attack on the Supreme Court judgement in the famous Kesavananda Bharati case which held that Parliament could not amend the basic structure of the Constitution. He argued, “If I may say so, with respect to my learned friend, his attitude towards this historic judgement of the Supreme Court was unworthy of the office he holds. So long as the decision continues to be binding, what can possibly be the relevance of the Attorney General ceasing to attach importance to that decision.” Such powerful words spoken in 1975 are resounding even today.
Shantiji believed that “a country is great when it worships principles and not men”. He also felt the “glory of justice lies in being based on principles than on any other trivial considerations”.
He was a true Indian, someone Sahir Ludhianvi was searching for in his famous song “Jinhe naaz hai Hind par woh kahan hain, kahan hain, kahan hain”.
Shantiji’s life was a great journey full of joy, hard work, courage, passion, humour and success. Most of all, standing up to defend the Constitution of India and the institutions created under it. Before committing suicide as directed by emperor Nero, his teacher Seneca said, “I leave you what is of far more value than earthly riches, the example of a virtuous life.” Shantiji has been a real example.
The legal fraternity has in recent years become poorer and poorer, losing great lawyers one after another. Today, it loses its North Star. Let us hope his life continues to light the path for future generations of lawyers. Sans that democracy will perish.
(The writer is a senior advocate and former president of the Supreme Court Bar Association)
