Chapter 3: Evolution of the Supreme Court: Chief Justices from Kania to

Pathak

3.1 Introduction
This chapter presents a chronological overview of the Chief Justices of India (CJIs) from the
inception of the Supreme Court in 1950 to the tenure of Justice R. S. Pathak in 1989. It
highlights key aspects of their appointment, tenure, significant rulings, and their influence
on the evolving structure of judicial appointments and independence.

3.2 Chronological Table of Chief Justices (1950–1989)

No. Name Tenure Appointed By Notable Aspects
1 H. J. Kania Jan 1950 – Nov President First CJI; set
1951 Rajendra foundational
Prasad tone of the
Court
2 M. Patanjali Nov 1951 – Jan Rajendra Known for
Sastri 1954 Prasad constitutional
clarity in early
cases
3 Mehr Chand Jan 1954 – Dec Rajendra Brief tenure;
Mahajan 1954 Prasad former PM of
Jammu &
Kashmir
4 B. K. Mukherjea Dec 1954 – Jan Rajendra Advocated
1956 Prasad strong
federalism
5 S. R. Das Jan 1956 – Sep Rajendra Headed States
1959 Prasad Reorganization
Commission
6 B. P. Sinha Sep 1959 – Jan Rajendra Emphasized on
1964 Prasad constitutional
morality
7 P. B. Feb 1964 – Mar S. Advocated
Gajendragadkar 1966 Radhakrishnan judicial
activism;
progressive
judgments
8 A. K. Sarkar Mar 1966 – Jun S. Short tenure;
1966 Radhakrishnan transitional
phase
9 K. Subba Rao Jun 1966 – Apr Zakir Husain Famous for
1967 Golaknath case;
pro-liberty
stance
10 M. Hidayatullah Jul 1968 – Dec Zakir Husain Later Vice-
 1970 President;
known for
scholarly
decisions
11 J. C. Shah Dec 1970 – Jan V. V. Giri Presided over
1971 early Indira
Gandhi-related
matters
12 S. M. Sikri Jan 1971 – Apr V. V. Giri Delivered
1973 Kesavananda
Bharati verdict
13 A. N. Ray Apr 1973 – Jan V. V. Giri Superseded 3
1977 judges; raised
independence
concerns
14 M. H. Beg Jan 1977 – Feb Fakhruddin Ali Favored
1978 Ahmed Emergency-era
policies
15 Y. V. Feb 1978 – Jul Neelam Sanjiva Longest-
Chandrachud 1985 Reddy serving CJI;
mixed record
on liberty and
control
16 P. N. Bhagwati Jul 1985 – Dec Zail Singh Pioneer of PIL;
1986 expanded
access to justice
17 R. S. Pathak Dec 1986 – Jun Zail Singh Later became
1989 Judge of ICJ;
known for
balanced
judgments

3.3 Key Themes and Observations

3.3.1 Seniority vs Discretion

Until 1973, appointments largely followed the principle of seniority. The supersession in A.
N. Ray's appointment (1973) broke this tradition, igniting debates on executive interference
and judicial independence.

3.3.2 Rise of Judicial Activism

From Justice Gajendragadkar onwards, several CJIs began embracing broader
interpretations of constitutional rights. Justice Bhagwati institutionalized Public Interest
Litigation (PIL), drastically expanding access to justice.

3.3.3 Politicisation of the Judiciary

The Emergency period (1975–77) marked a dark chapter with allegations of judicial
capitulation. The appointment of Justice M. H. Beg over K. K. Mathew (1977) continued
executive dominance.
3.3.4 Institutional Stability and Growth
The tenure of Justice Chandrachud brought stability despite some controversial rulings (e.g.,
ADM Jabalpur case). The judiciary gradually reclaimed its assertiveness by the time of
Justice R. S. Pathak.

3.4 Conclusion
This timeline of Chief Justices reveals the shifting dynamics of judicial appointments in
India. From a tradition of seniority to phases of executive assertiveness and judicial
resurgence, each CJI contributed uniquely to the evolution of the Indian judiciary. The
trends observed during this phase laid the groundwork for the Judges Cases and the
emergence of the Collegium system in the subsequent decades.