NB Explains | Who is Justice MR Shah, for whom CJI Chandrachud bid an emotional farewell?

Justice MR Shah , whose full name is Manish Rajendra Shah, is a prominent Indian judge serving on the Supreme Court of India. He was born on Feb 16, 1963, in Ahmedabad, Gujarat. Before being appointed to the Supreme Court, Justice MR Shah had an illustrious legal career. He enrolled as an advocate in 1984 and practiced law at the Gujarat High Court and various other courts. Justice Shah was elevated as a judge of the Gujarat High Court on Mar 7, 2004.

 

 

 

 

In the most recent hearings, as recently as May 11th, 2023, Justice Shah was a part of unanimous Judgements in the cases concerning the Shiv Sena rift in Maharashtra and the tussle between the Union and Delhi governments for administrative control of the NCT of Delhi. According to reports, in 2020 alone, he was a part of six Constitution Bench decisions. These decisions ranged from giving the Union precedence over States when setting minimum prices for agricultural goods, to striking down 100% reservations for Scheduled Tribe school teachers in certain districts in Andhra Pradesh.

 

 

 

 

According to the notification issued by the erstwhile State of Andhra Pradesh that provided 100% reservation to the Scheduled Tribe candidates out of whom 33.1/3% shall be women for the post of teachers in the schools in the scheduled areas in Andhra Pradesh. The decision made in 2020 declared the system as unconstitutional. The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ held that there was no rhyme or reason with the State Government to resort to 100% reservation. “It was least expected from the functionary like Government to act in aforesaid manner as they were bound by the dictum laid down by this Court in Indra Sawhney and other decisions holding that the limit of reservation not to exceed 50%,” said the bench.

 

 

 

 

 

On Oct 15, 2022 a Bench comprising Justices Shah and Bela M. Trivedi suspended the release of Professor G.N. Saibaba in a norm-breaking urgent Saturday hearing. Less than 24 hours earlier, the Bombay High Court had suspended Prof. G.N. Saibaba’s imprisonment and ordered his release after seven years of imprisonment for alleged links to Maoist organisation.

 

On Friday, Oct 14, 2022, the HC held that the trial court did not receive sanction from the Maharashtra government to conduct proceedings against Prof. Saibaba. This is a mandatory requirement under Section 45 of the Unlawful Activities (Prevention) Act, 1967 (UAPA).

 

 

 

 

The SC came down on the Gujarat Govt. for notifying the appointments of 68 Candidates as District Judges while a petition challenging their selection was pending before the Court. On Mar 10, this year, the Gujarat HC notified the selection and promotion of 68 candidates as District Court Judges. On Mar 28, two senior judicial officers who appeared for the selection test, filed a Writ Petition at the Supreme Court challenging the selection list. Their contention — the Gujarat HC breached the ‘merit-cum-seniority’ rule when notifying this list. Shortly afterwards, on April 18th, 2023, the Government of Gujarat confirmed and appointed all 68 candidates.

 

 

 

 

On April 28th, 2023, the petitioners argued before a Bench comprising Justice MR Shah and Justice JB Pardiwala. Despite receiving more marks in the suitability test, they were not selected as District Judges. This is a breach of the ‘merit-cum-seniority’ test established in the Recruitment Rules and the All India Judges Case (1989). The Bench had then asked the Gujarat HC as well as the State Govt. to justify the ‘extraordinary urgency’ to appoint the 68 candidates despite the pending case against their selection.

 

Justice MR Shah's larger than life presence perhaps overshadows his staggering judicial output. Despite serving a relatively short tenure, he has by far authored the most Judgements (712) in comparison to his peers. The only other sitting Judge to break the 500 mark is CJI D.Y. Chandrachud (552).

 

 

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