Justice Kuldip Singh: The "Green Judge" who transformed Indian jurisprudence passes away........by KBS Sidhu

Justice Kuldip Singh, a former Supreme Court Judge and a pioneering figure in environmental law, judicial activism, and electoral reform, passed away on November 25, 2024 in Chandigarh, following a massive heart attack. Revered as the "Green Judge," he leaves behind a monumental legacy that reshaped India's legal and democratic framework.

His judgments and activism elevated the judiciary’s role in environmental protection, social justice, and public accountability, earning him a place among India’s most respected legal luminaries.

Early Life and Education

Born on 1st January 1932 in the village of Dhudial, in Jhelum District (now in Pakistan), Justice Kuldip Singh migrated to Patiala with his family during the Partition of India in 1947.A distinguished son of Punjab, he pursued his early education at Col. Brown Cambridge School and went on to graduate in law from Panjab University in 1955.

His thirst for legal excellence took him to the University of London, where he earned another law degree in 1958. He was subsequently called to the Bar at Lincoln's Inn and returned to India in 1959, equipped with a vision to make a significant contribution to the legal profession.

A Legal Career Marked by Integrity and Progression

Justice Kuldip Singh’s professional journey was a testament to his brilliance and unwavering dedication.

He served as Advocate-General of Punjab in 1987 and later as Additional Solicitor-General of India. His elevation to the Supreme Court of India on December 14, 1988—one of the rare instances of a distinguished jurist being directly elevated to the Apex Court—marked the beginning of a remarkable judicial career that would redefine activism and set new benchmarks in environmental jurisprudence in India.

Champion of Environmental Justice: The "Green Judge"

Justice Kuldip Singh earned the affectionate title of "Green Judge" for his landmark contributions to environmental law. His judgments introduced pivotal dctrines like the “polluter pays” and “precautionary” principles, which remain cornerstones of environmental jurisprudence.

He is best remembered for rulings that safeguarded the Taj Mahal from industrial pollution and preserved the Delhi Ridge by ordering the demolition of illegal structures. His interventions extended to the removal of brick kilns and marble shops around Qutab Minar, illustrating his commitment to preserving both natural and cultural heritage.

His work resonated internationally, as he represented India at global environmental conferences, amplifying the nation’s voice on sustainable practices and conservation.

Dissent in Indra Sawhney Judgement

Justice Kuldip Singh played a pivotal role in the landmark Indra Sawhney judgment (1992), or the Mandal verdict, as part of the historic 9-judge Supreme Court bench.

While the judgment upheld critical principles such as the 50% cap on reservations, the use of caste as a measure of backwardness, and the exclusion of the "creamy layer" from OBC benefits, Justice Singh dissented alongside Justices T.K. Thommen and R.M. Sahai.

His dissent reflected a nuanced approach to the complex issue of reservations, particularly challenging key aspects of the majority’s reasoning.

The ruling, which struck down reservations in promotions and invalidated the 10% quota for economically weaker sections (EWS) not based on caste, became a cornerstone of India’s affirmative action framework.

However, its legacy was later altered by the 103rd Constitutional Amendment, which introduced reservations for EWS irrespective of caste, significantly redefining the contours of reservation policy in India.

Judicial Activism and Public Interest Litigation

Justice Singh was a staunch advocate of judicial activism, transforming Public Interest Litigation (PIL) into a powerful mechanism for societal change.His philosophy that the judiciary must act decisively in the public's interest resulted in judgments that held governments, corporations, and individuals accountable.

He believed justice extended beyond the courtroom, ensuring the implementation of rulings that impacted millions. His activist approach to the judiciary remains a hallmark of his legacy.

Delimitation Commission Chairmanship

Following his retirement from the Supreme Court on December 21, 1996, Justice Singh continued to serve the nation. In 2002, he was appointed Chairman of the Delimitation Commission, tasked with realigning India’s parliamentary and assembly constituencies based on the 2001 census.

Despite criticism over the lack of transparency and involvement of state election commissions, Justice Singh’s leadership ensured that the Commission fulfilled its mandate, addressing sensitive issues like representation for Scheduled Castes and Tribes.

The Commission’s recommendations, submitted in 2007 and later accepted in 2008, were instrumental in shaping India’s electoral processes.

Investigating Land Grabbing in Punjab

In 2012, Justice Singh was appointed by the Punjab and Haryana High Court to head a special tribunal investigating land grabbing in Punjab’s villages near Chandigarh.His tribunal uncovered irregularities in 35,000 property sale deeds, exposing the illegal occupation of 25,000 acres of panchayat land.

The findings implicated high-profile politicians, bureaucrats, and police officials, highlighting systemic corruption.

In one of his interim reports, Justice Singh observed, “A land grab scam is operating in the Punjab villages, especially in the periphery of Chandigarh.” Despite legal and political resistance, his work shone a light on the collusion between officials and land grabbers, reinforcing his legacy as a fearless crusader against corruption.

Leadership Beyond the Judiciary

Justice Singh’s commitment to public service extended beyond his judicial career. A devout Sikh, he was chosen as the Chairman of the World Sikh Council at the first-ever International Sikh Conference held at the Akal Takht, where he worked on reports addressing the tragic events of 1984.

His role in people’s courts, along with retired judges and lawyers, aimed to bring justice and accountability in sensitive matters of historical importance.

A Family of Legal Luminaries

Justice Kuldip Singh’s commitment to justice was deeply reflected in his family. His elder son, Paramjeet Singh Patwalia, served as a Judge of the Punjab and Haryana High Court before resigning to practice law in the Supreme Court and later serving as Additional Solicitor-General of India.

His younger son, Deepinder Singh Patwalia, following in his father’s footsteps, held the constitutional position of Advocate-General of Punjab, albeit briefly, during 2021-22.Both sons continue to practice law, upholding their father’s enduring legacy of integrity, dedication, and excellence in the legal profession.

Legacy of Justice and Reform

Justice Kuldip Singh’s contributions extended beyond his courtroom judgments. His environmental rulings saved natural and cultural landmarks, his judicial activism empowered marginalized communities, and his work on electoral reforms and anti-corruption tribunals ensured accountability in governance.

His philosophy that the judiciary must actively serve society remains a guiding principle for future generations. As the nation mourns his passing, his life's work continues to inspire jurists, activists, and public servants alike.

Justice Kuldip Singh’s death marks the end of an era, but his indomitable spirit and commitment to justice will endure, shaping India’s legal and democratic institutions for decades to come.

November 26, 2024