V.R.Krishna Iyer-The ‘RED JUDGE’

via H.Balakrishnan published on March 7, 2007

Letter to TNIE




In the Article “An odd incident with Rajiv Gandhi”-(TNIE-07 MAR), Mr.Justice V.R.Krishna Iyer wrote: “He tried to please the Hindu communalist”.


I would like to query the honourable justice on the meaning of the term ‘Hindu communalist”.Acharya Vamadeva Shastri (former David Frawley),in his most readable treatise “Arise Arjuna” wrote:


“Communalists are literalists in these traditions who hold rigidly to their beliefs and insist that since their religion alone is ‘TRUE’ the other religions should not be tolerated, particularly in the lands where members of their religion are in the majority. Hindus are not of one faith only. They are divided into Shaivites,Vaishnavas,Shaktas,Ganapatas,Smartas and a number
of other groups which are constantly being revised. What common belief can be found in these groups which constitutes ‘Hindu Communalism’? What single Holy Book do ‘Hindu Communalists’ hold literally to be the word of God,which they base their behaviour upon? Chritian and Islamic ‘communalists’ flaunt thier Holy Book and are ever quoting from it to justify their actions. What Hindu Bible are the ‘Hindu Communalists’all carrying,quoting and preaching from and finding justification in?Hindus are called ‘communalists’ for wanting to retake a few of their old holy places,like Ayodhya,of the many thousands destroyed during foreign domination. This, however, is an issue oriented movement, not a manifestation of a ‘monolithic communalism’. What is called ‘Hindu Communalism’ is in fact generally a reaction to Islamic,Chritian and Communist ‘communalism’, which are all organized according to exclusive belief system and a strategy to take over the world”.


 The misuse of dictionary terms,in the Indian context,has been lucidly spelt out in Sita Ram Goel’s ‘Perversion of India’s Political Parlance’. ‘Communalism’ is one of the terms highlighted in this book!!Justice VR Krishna Iyer has proved Sita Ram Goel ‘correct’!!


One wonders how many fellow citizens remember that it was Justice Krishna Iyer,who as the Supreme Court vacation judge, overturned the Allahabad High Court verdict of ‘electoral malpractice’ by Indira Gandhi and paved the way for the Emergency in 1975?


 In a book entitled ‘The Indian Supreme Court and Politics’ (pp 51-52) :”Whether or not this is what he (Krishna Iyer) intended,it is clear that this is how the message was actually received.The Legislature was so ‘alert’,for a change,to the sayings of a judge (Krishna Iyer) exercising ‘dynamic,forward looking and socially lucent and aware’ judicial power,that it acted with swiftness and thouroughness to amend the Law and the Constitution that Justice Krishna Iyer’s ‘quick acting’ phrase does not quite capture.When the History of the tumultuous events of June 1975 is written,the Supreme Court’s order will be seen to be of very great political significance”.


Tumultuous indeed!!To borrow the words of eminent jurist Nani Palkhivala-“The Constitution, Defaced and Defiled’.


It is in the foregoing context,that able and erudite senior citizens of
my grand-father’s generation gave the sobriquet ‘RED JUDGE’ to Justice VR Krishna Iyer.He has lived upto that in this Article!!

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