December 12, 2024

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Justice Kuldip Singh: A Tribute to Green Judge

When He Said, "Katju, Thokte Raho, Thokte Raho!"

A Legacy of Judicial Activism and Environmental Advocacy

JUSTICE KULDIP SINGH, former Judge of the Supreme Court of India and one of its most transformative figures, passed away on November 25, 2024, at the age of 92. Known as the Green Judge, his pioneering judgments laid the foundation of modern environmental jurisprudence in India and continue to inspire the legal fraternity and environmentalists alike.

Early Life and Legal Journey

J Kuldip Singh

Justice Kuldip Singh

Born in 1932 in the Jhelum district (now in Pakistan), Justice Singh displayed a keen intellect and determination from an early age. He pursued his B.A. LL.B. from Punjab University and later, as an internal student of the University of London, earned an LL.B. He was called to the Bar at Lincoln’s Inn in 1959. Upon returning to India, he established himself as a leading advocate at the Punjab and Haryana High Court, excelling in constitutional law, service matters, and land acquisition cases.

His legal acumen and dedication to public service saw him appointed as a Judge of the Supreme Court of India on December 14, 1988, a position he held until his retirement on December 21, 1996.

The Green Judge: Pioneer of Environmental Law

Justice Kuldip Singh earned the title of Green Judge for his groundbreaking rulings on environmental issues. His judgments on protecting the Taj Mahal from industrial pollution, curbing river contamination, and enforcing sustainable development principles showcased his visionary approach.

J Kuldip Singh 2

Justice Kuldip Singh

He emphasized that the right to a clean environment is intrinsic to the fundamental right to life under Article 21 of the Constitution. He introduced doctrines like polluter pays and precautionary principle into Indian law, compelling industries to bear the cost of environmental degradation and requiring authorities to prevent harm proactively.

Justice Singh’s environmental legacy was cemented when the International Bar Association honored him in 1997 for his contributions to environmental protection and human rights—a distinction shared only with Nelson Mandela.

Beyond Environmental Jurisprudence

J Kuldip Singh 4

Justice Kuldip Singh

Justice Singh’s influence extended to several other areas of law and governance. His judgments on child labor, the rights of prisoners, and education reforms highlighted his commitment to constitutional morality and social justice.

In 2002, he served as the Chairman of the Delimitation Commission, responsible for redrawing India’s electoral boundaries. His work strengthened the democratic process, ensuring equity and transparency in representation.

A Personal Anecdote

On a personal note, I recall a memorable interaction with Justice Kuldip Singh, one that exemplifies his boldness and support for judicial independence.

” When I was a Judge of Allahabad High Court, I had come to Delhi to attend a function. This was perhaps in 1996 or so, when the SP-BSP alliance was in power in U.P.

J Kuldip Singh 3

Justice Kuldip Singh

At that time illegal house grabbing was being done on a large scale in U.P. by some SP BSP men, which if not stopped would have led to a total collapse of law and order in the state, replacing it with jungle raj ( which I called, following the term used by our ancient thinkers, matsya nyaya, or the law of the fishes).

To prevent this, I gave very strong judgments against the illegal house grabbing, and called the bureaucrats and police officers who did not stop this as cowards, who were not justifying their salt. by behaving in a cowardly manner before the politicians. I ordered immediate restoration of possession to the rightful owners.

Appeals were filed against my judgments before the Supreme Court, but they were all dismissed.

At the function in Delhi, Justice Kuldip Singh, a very senior Judge of the Supreme Court, met me and referring to my judgments, said :

‘काटजू, ठोंकते रहो ठोंकते रहो’ (Katju, Thokte Raho, Thokte Raho!).

These words of encouragement reflected his belief in judicial activism as a tool to uphold justice and accountability.

Justice Singh’s Enduring Legacy

Retd Justice Kuldip Singh

Justice Kuldip Singh

Justice Kuldip Singh’s life exemplified unwavering dedication to justice, equality, and environmental stewardship. His judgments continue to serve as guiding principles, not only in India but globally.

As we bid farewell to this towering figure, we must honor his memory by upholding the values he championed—justice for the marginalized, protection of natural resources, and respect for constitutional governance. Justice Singh’s legacy is a beacon for all who aspire to make the law a force for good.

Rest in peace, Justice Kuldip Singh—a true guardian of the environment and justice. Pt Logo

Also Read: Courts, Faiths and Identity Politics

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